A recent press release by Carl Zeiss Meditec AG attracted much discussion. Some readers may have got the impression that a court had conclusively ruled in favor of Zeiss.
In fact, the District Court of Düsseldorf has initially prohibited VSY Biotechnology BV as well as its distributor RUCK from distributing a particular trifocal lens on the German market in the face of a high, six-figure surety to be provided by ZEISS. With regard to the complaint, ZEISS refers to a patent, which was acquired from a distributor and originally filed by a Japanese company. Both VSY and RUCK have appealed against the first-instance court rulings of the District Court of Düsseldorf. Furthermore, VSY lodged an appeal against this patent as early as May 2016 for a variety of reasons; to date, there has been no decision on this appeal.
"The legal situation arising from the first-instance court ruling compels us to temporarily remove a particular trifocal lens produced by our supplier VSY from the range," says RUCK CEO, Marc Juriy Bunge. "Unfortunately, these kinds of patent disputes are not uncommon and can lead to legal uncertainty, particularly with regard to the purchaser. It often takes years for a definitive resolution to be reached. Fortunately, our IOL portfolio boasts an optimum composition and includes good alternatives."