Eyedrop Maker Sues Pharmaceutical Company for Patent Infringment

On Friday a case was filed in the District of New Jersey by health products company Bausch and Lomb against Harrow Health Inc. and ImprimisRX LLC and its subsidiaries. The case is regarding the infringement of Baush and Lomb’s patents for Lumify, an eye-drop treatment for eye redness.

Bausch and Lomb, the complaint said, is the holder of two patents regarding the use and application of brimonidine tartarate opthalmic solution, which constricts blood vessels in the eyes, reducing the amount of red visible in the sclera and making the eye appear whiter.

The defendants are accused of compounding, manufacturing, and distributing a competing product, Epinastine Brimonidine PF , with the same composition as the ones described in the Bausch and Lomb patents. The complaint adds allegations that the defendants took these actions with no license from the patent holders, in violation of the patents.

The plaintiff is suing for patent infringement and seeks declaratory action as to the validity of the patents, injunctions against further violation of the patents, recall of any remaining products and treble damages regarding the profits. The plaintiffs are represented by Gibbons P.C..