UK settles eye surgery patent dispute

17 Jun 2002

A battle over excimer laser patents forcorrective eye surgery has now come to a head in a UK court. Nidek ofGamagori, Japan, successfully defended patent infringement proceedingsbrought by VISX of California in what London solicitors Rowe & Mawdescribe as "a landmark legal victory that may have profoundimplications". VISX claimed that Nidek's EC 5000 excimer laserinfringed two of the US company's principal patents. The High Courtruled that, if VISX's patent for scanning beam technology had been broadenough to cover Nidek's system, it would have been invalid and thusunenforceable. The court also found that VISX's patent on laser beammasking technology was invalid because it was "obvious". VISX will haveto pay a "significant" proportion of Nidek's legal costs. The UKproceedings are only part of a worldwide battle, with other actionstaking place in France and Canada. Rowe & Maw believe that the swiftoutcome of the case further establishes the UK as the world's leadingjurisdiction for the speedy resolution of patent disputes.