Law360, New York (September 30, 2011, 7:49 PM ET) -- A Texas federal judge on Friday denied Alcon Inc.’s bid to nix an ophthalmologist’s suit accusing the eye care company of infringing his patent for intraocular lenses, saying material facts in the case were in dispute.
U.S. District Judge Jane J. Boyle adopted U.S. Magistrate Judge Jeff Kaplan's Sept. 2 recommendation to deny Alcon’s requests for summary judgment of noninfringement and invalidity of Dr. James Nielsen’s patent. Judge Boyle also denied Nielsen’s motion for partial judgment on Alcon’s invalidity counterclaims.
Judge Kaplan found that Alcon, now...
Alcon Can't Toss Inventor's Lens Patent Suit
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