Alcon, Johnson & Johnson to face off in intellectual property dispute

Johnson & Johnson Vision (J&J Vision) is pursuing litigation in several countries, including the United States, to resolve an intellectual property dispute against Alcon, according to a prepared statement.

The lawsuit, filed in the U.S. District Court in Delaware, alleges that Alcon’s LenSx Femtosecond Laser Systems infringe on J&J Vision’s JJV's copyrighted source code as well as certain patents relating to the CATALYS Precision Laser System.

Alcon has also asserted patent infringement claims against J&J in the United States and in Europe relating to J&J’s Catalys femtosecond laser system. Both parties have asserted that the other’s patents are invalid, and both parties deny infringing the other party’s patent rights.

In February, J&J Vision filed a motion for a preliminary injunction against Alcon in its U.S. case, asking the court to prevent Alcon from selling new and refurbished LenSx femtosecond laser systems while the suit is pending.

Last week, the court ruled that a preliminary injunction was not warranted because the injuries claimed by J&J, if proven at trial, would be adequately compensated by money damages and J&J waited more than six years to file suit.

Alcon released a statement today saying the company “is confident in its position and will continue to defend its rights and prosecute its claims of patent infringement against J&J Vision in the United States and Europe.”

Alcon also was buoyed by the District Court ruling denying J&J Vision’s request for a preliminary injunction.

“For the benefit of customers and patients around the world, and consistent with that ruling, Alcon will continue to sell, install and service LenSx Laser Systems,” the statement concluded. “As a matter of corporate policy, we have no further comment on pending or ongoing litigation.”