Bausch & Lomb looks to protect patents in eyedrop lawsuit

Bausch & Lomb has accused a Nashville-based ophthalmic company of infringing two patents covering its eye-brightening drops, Lumify.

The Canadian producer of eye health products  filed the complaint against  Harrow Health and its subsidiaries at the US District Court for the District of New Jersey on Friday, October 22.

At the centre of the suit are Bausch’s US patents, number 8,765,758 (the ‘758 patent) and number 9,259,425 (the ‘425 patent), which were granted in 2014 and 2016 respectively.

The patents cover methods of increasing whiteness of an eye, with the ‘425 patent additionally covering methods of reducing redness of an eye.

Bausch is also the owner of approved New Drug Application number 208144 covering Lumify ophthalmic solution in the form of eye drops (brimonidine tartrate, 0.025%). The US Food and Drug Administration approved the application in 2017.

Bausch exclusively licences its two asserted patents, which similarly cover Lumify, to another company, Eye Therapies.  Lumify helps to reduce redness and helps eyes to look whiter and brighter for up to eight hours.

According to Bausch, the production, distribution, and sale of Harrow’s own eye drops sold under the name Epinastine Brimonidine PF infringes the ‘758 patent and the ‘425 patent.

Bausch said that the accused product contains a formulation of brimonidine specifically described and claimed in the two asserted patents and Harrow is selling the product for the purpose of whitening the eye and/or reducing eye redness, resulting in the infringement of the patents.

The Canadian company said that Harrow would have had knowledge of the two patents after they were issued, and they have wilfully infringed them by making, using, offering for sale, selling, or importing the infringing eye drops.

Bausch has asked that a jury trial take place to determine that Harrow has directly and willfully infringed the patents, in addition to inducing infringement and contributing to infringement.

Bausch has requested a permanent injunction to prevent further infringement, a recall of all the accused products currently in the marketplace, and triple damages. The Canadian company is also seeking an accounting of all damages and the costs of the legal action.