Bausch & Lomb Withdraws Eye Supplement Lawsuit 34568

Bausch & Lomb Withdraws Eye Supplement Lawsuit

ROCHESTER, N.Y.Bausch &Lomb (B&L) withdrew the lawsuit it filed in U.S. District Court on May 8,which originally alleged Waltham, Mass.-based Inverness Medical Innovations andits subsidiary, Freehold, N.J.-based IVC Industries, manufacture and distributevitamin supplements that infringe upon patent rights tied to the formula behindB&Ls Ocuvite® PreserVision eye supplements. According to B&L, itreceived notification from Inverness declaring neither it nor IVC distribute ormanufacture certain eye private label eye supplements that infringe upon thepatent rights. B&L noted the dispute was quickly clarified due to a thoroughinternal review and prompt, direct communication by Inverness.

B&L developed the formula in conjunction with the NationalEye Institute (NEI) and holds worldwide patent rights under a license agreementwith the National Institutes of Health (NIH). The landmark NEI Age-Related EyeDisease Study (AREDS) showed supplementation with antioxidant vitamins (C, E andbeta-carotene) plus zinc (as supplied by B&L) lowered risk of age-relatedmacular degeneration (AMD) and its associated vision loss, but had no effect ondevelopment or progression of cataract (Arch Ophthamol.119:1417-36, 2001).

Inverness (www.invernessmedical.com) and IVC offer OptiZincand Eye Vitamin plus Lutein in their private label manufacturing line.