- Court Upholds Ruling Preventing U.S. Sale
of B&L's PureVision CLs
- ATLANTA, GA., Feb. 13, 2003 - Yesterday the Court of
Appeals for the Federal Circuit upheld a June 26, 2002, U.S.
district court ruling that Bausch & Lomb's Purevision contact lenses
infringe a patent held by CIBA Vision. The appeals-court ruling is
expected to mean B&L cannot resume manufacture or sale of PureVision
CLs in the U.S. at least until 2005, when the patent expires.
CIBA currently has other litigation pending against B&L for
infringement of four U.S. patents pertaining to its Focus Night & Day
technology, and has also initiated litigation against B&L in several
other countries.
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- B&L PureVision
CLs Available to U.S. Investigators as Manufacturing Shifts to
Ireland
- ROCHESTER, N.Y., Dec. 6, 2002 - A court ruling ordering
Bausch & Lomb to stop PureVision contact-lens production and sales
in the U.S. was amended last week to allow B&L to provide the CLs to
clinical investigators and participants involved in the company's
FDA-required PureVision post-approval study, which began in March.
The study is following more than 5,000 participants who wear
PureVision CLs for up to 30 consecutive days and nights for a year;
more than 100 ECPs in the U.S. are taking part in the study.
B&L recently completed the transfer of manufacturing and shipping
PureVision lenses to its facility in Waterford, Ireland--also a
result of the ruling, which B&L is appealing. The company is now
making and shipping PureVision CLs from Waterford to markets outside
the U.S.
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- 1-800 Contacts to Acquire
Lens Express, Lens 1st
- DRAPER, Utah, Dec. 6, 2002 - Internet/telephone
contact-lens retailer 1-800 Contacts has signed a letter of intent
with Southfield, Mich.-based Camelot Ventures to acquire Lens
Express and Lens 1st, two mail-order CL retailers. The acquisition,
expected to close by January 31, gives Camelot Ventures 900,000
shares of 1-800 Contacts' stock, $6.5 million cash, and assumption
of about $4.8 million of Camelot's current debt. 1-800 Contacts
expects the acquisition to contribute $30 million to $35 million to
its combined revenues and $6 million to $7 million in operating
income in the 12 months following the closing.
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- VISTAKON® Announced an
Agreement with 1-800 CONTACTS
- JACKSONVILLE, Fla., Dec. 2, 2002 - VISTAKON®, Division
of Johnson & Johnson Vision Care, Inc., today announced an exclusive
agreement with 1-800 CONTACTS that requires prescription
verification with prescribing Eye Care Professionals to prevent
expired or invalid ACUVUE Brand Contact Lens prescriptions from
being filled.
- The terms of the VISTAKON® and 1-800 CONTACTS agreement
require consumers to submit valid prescriptions prior to any
shipment being made. If a prescription is not available or is
expired, 1-800 CONTACTS has agreed to contact the patient's Eye Care
Professional to approve or deny a shipment of ACUVUE® Brand Contact
Lenses for that patient. The Eye Care Professional will have the
option of receiving this request by fax. If the prescription is
erroneous or out of date and the Eye Care Professional responds
accordingly, the order will be cancelled and the lenses not shipped.
Similarly, the Eye Care Professional will have an opportunity to
advise 1-800 CONTACTS of the expiration date of any valid
prescription so that 1-800 CONTACTS can record and adhere to the
proper expiration date.
- The agreement provides Eye Care Professionals with eight
business hours to respond to 1-800 CONTACTS. If Eye Care
Professionals do not respond within the designated timeframe, 1-800
CONTACTS will ship the order, but even then, will be required to
flag the order for future verification. In such a case, the patient
will be informed that they should return to the Eye Care
Professional for a valid prescription. If a valid Eye Care
Professional cannot be matched to the order, it will not be shipped,
and the patient will be informed of the order's cancellation.
- To help ensure that expired prescriptions are not redeemed
for ACUVUE® products, the agreement, which will take effect once
1-800 CONTACTS' modified prescription verification system is
operational and validated by VISTAKON®, also requires that 1-800
CONTACTS keep detailed records of ACUVUE® prescription expiration
dates.
- The agreement gives Eye Care Professionals who are notified
about a 1-800 CONTACTS order from a patient with an expired or
otherwise invalid prescription another opportunity to contact that
patient directly, and as necessary, reinforce the importance of
regular eye exams.
- "VISTAKON® has never sold a contact lens directly to 1-800
CONTACTS, but the reality is that they and other mail order channels
do obtain these and all competitor lenses-including lenses from
companies claiming to manufacture 'doctor-only' contact
lenses-through the prevalence of gray markets and sell them without
the benefit of rules that have applied to other channels," said
Keefer. "We believe that this agreement goes a long way to both
assure patients' eye health, and create a more level playing field.
When patients receive lenses based on a valid prescription, everyone
wins."
- The key to making this new exclusive agreement work for all
parties is that the Eye Care Professionals always respond to the
1-800 CONTACTS inquiry. There are four key reasons why this benefits
the Eye Care Professional:
- The Eye Care Professional puts him/her self in charge of the
patients' ACUVUE® prescription;
- Expired prescriptions will not be filled;
- 1-800 CONTACTS will record and adhere to the proper
prescription expiration date. This will help ensure the patient has
a future eye exam; and
- Eye Care Professionals will be able to monitor their
patients' eye health regularly.
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