Bausch & Lomb Inc.'s validity defenses for two patents covering its PreserVision eye-health supplements should be tested at its infringement trial over SBH Holdings LLC’s rival MacularProtect, a federal magistrate judge advised.
Magistrate Judge Christopher J. Burke proposed partially granting and partially denying Bausch’s summary judgment bid in a report and recommendation issued Thursday in the US District Court for the District of Delaware, which would keep key parts of its case alive ahead of a jury trial set to start April 21.
Burke suggested rejecting SBH’s argument that two amended claims added during reexamination of US Patent No. 6,660,297 ...
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