Jury Should Hear Bausch & Lomb Vitamin-Patent Claims, Judge Says

Bausch & Lomb Inc.’s claims that SBH Holdings LLC’s MacularProtect products infringe two patents related to PreserVision eye-health supplements should proceed to trial, a federal magistrate judge recommended.

The court should deny SBH’s motion for summary judgment that MacularProtect doesn’t infringe under the doctrine of equivalents, a principle that allows for a finding of infringement even if the accused product doesn’t literally infringe the patented invention, according to Magistrate Judge Christopher J. Burke’s report and recommendation issued Monday in the US District Court for the District of Delaware. Objections to his recommendation are due by March 26.

Judge Gregory B. ...