Judge Advises Affirming Bausch & Lomb Vitamin Patents’ Validity

Bausch & Lomb Inc.’s bid for a judgment upholding the validity of two patents related to PreserVision eye-health supplements it says SBH Holdings LLC’s MacularProtect products infringe should be granted, a federal magistrate judge in Delaware said.

SBH failed to provide clear and convincing evidence supporting arguments that US Patent Nos. 6,660,297 and 8,603,522, which cover formulations of supplements designed to prevent or slow vision loss, are invalid as obvious, Magistrate Judge Christopher J. Burke said in an report issued from the bench in the US District Court for the District of Delaware.

Burke recommended granting Bausch’s motion for ...