Appeal Proceedings on European VisionBlue Patent Stayed; Patent Remains in Force
ZUIDLAND,
Appeal of the European Patent Office has postponed its final decision on two
appeals lodged by two competitors against an earlier decision to maintain the
European patent for VisionBlue.
(Photo: http://www.newscom.com/cgi-bin/prnh/20090520/347917-a )
(Photo: http://www.newscom.com/cgi-bin/prnh/20090520/317917-b )
Introduced in 1999, the VisionBlue product is protected by US patent US
6,720,314 and European patent EP 1 075 285. However, after the European
Patent was granted, three European manufacturers of copy cat products started
opposition proceedings against the European Patent. The result of these
proceedings was that the patent was maintained, after which two of the
opponents appealed from the decision.
The Technical Board of Appeal of the European Patent Office decided
during a hearing in
legal questions concerning the patentability of medical treatments before
coming to a final decision on the validity of the patent. These answers from
the Enlarged Board of Appeal of the European Patent Office are expected at
the latest in
Requests of the opponents to deal with their objections for lack of
novelty and inventive step before the proceedings were stayed, were rejected.
They argued that the patent should be revoked on these grounds and that
therefore a stay of the proceedings would not be necessary. D.O.R.C. believes
that the rejection of these requests is a strong indication that the Board of
Appeal expects to confirm the validity of the patent once the answers to the
legal questions have clarified that features of a medical treatment can be
used to define patentable inventions.
In the meantime, the VisionBlue patent remains fully in force and offers
the possibility to fight the sales of copies of the VisionBlue product in
that D.O.R.C. remains the only company in
sell VisionBlue, or any other staining product based on trypan blue for
cataract / anterior capsule staining.
VisionBlue profile
The D.O.R.C. product ‘VisionBlue’ is a staining liquid, used as an aid by
the eye surgeon during cataract surgery. VisionBlue facilitates the
visualization of the anterior lens capsule and may prevent an incomplete
removal of the anterior lens, radial capsule tears and associated
complications.
VisionBlue was introduced in 1999 and is still growing in popularity
among cataract surgeons. Since 2004 VisionBlue has been approved by the US
FDA (Food and Drug Administration), the ultimate recognition of our product
quality, which is underpinned by validated production processes stabilization
studies and safety studies. VisionBlue has a safety track record of more than
3 million surgeries.
Company profile
Since the foundation in 1983, D.O.R.C. has developed into a market leader
in research, development and production of products for eye surgery,
especially products for vitreoretinal and cataract surgery. Our products are
used by eye surgeons worldwide, because of the high quality development and
because our products are known for their state-of-the-art design, quality and
craftsmanship.
D.O.R.C. has its own research and development department and is receiving
a continuous feedback from market developments and market queries regarding
high quality eye surgery products, disposable products and electronic
equipment.
D.O.R.C. has continuously engaged in worldwide cooperative undertakings
with leading surgeons. These cooperations have resulted in the introduction
of multiple unique products for the ophthalmic market. The innovation quote
of DORC is at a level of 10% of the turnover.
D.O.R.C. exports its products to more than 90 countries worldwide,
through an extensive, exclusive distributor network having its own sales
offices in the
Website: http://www.dorc.nl
Staining of the anterior lens capsule with VisionBlue.(Photographs by
courtesy of Dr.
SOURCE D.O.R.C. International b.v.