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Legal action against VSY for patent infringement

PhysIOL successful in patent infringement action protecting its FINEVISION IOLs: German court confirms that VSY's Acriva reviol Tri-ED infringes European Patent

The Dusseldorf District Court has confirmed that VSY Biotechnology B.V. ("VSY") infringes the European Patent EP 2 503 962 of PhysIOL S.A. ("PhysIOL"). In its judgment of 29 June 2017, the court upheld its previous default judgment, prohibiting VSY from offering or selling intraocular lenses in Germany, such as, in particular, VSY's trifocal lens "Acriva reviol Tri-ED". The court further confirmed VSY's obligation to recall infringing lenses from retailers in Germany as well as VSY's liability for damages. The judgment covers all commercial activities into or out of Germany, but the patent is also valid in many other countries, including Turkey, Spain and France.

PhysIOL has developed an intraocular lens using two at least partly overlapping diffractive profiles that can also be combined with a refractive system. The lense's innovative design allows to reduce the loss of light energy resulting from any diffractive system. This energy gain results in an improved performance for intermediate vision while maintaining the performance for far and near vision. This invention is embedded in PhysIOL's trifocal lens "FINEVISION" and protected by the abovementioned patent.

Marc Nolet, CEO of PhysIOL comments as follows:
"We are an innovative company. We are proud to have improved the eyesight of patients after cataract surgery and work hard every day to achieve further improvements. PhysIOL's contributions in this area are the results of our determination, countless hours of work and significant investments in research and development. In my view, it should thus be beyond question that our innovations and the patents protecting them are respected and not used by a third party without our consent."

He adds with respect to the decisions of the Dusseldorf District Court:

"These decisions help us to defend our intellectual property rights. They encourage us to no longer tolerate patent infringing actions also in other jurisdictions."

PhysIOL was created in 1986 evolving from the University of Liege, Belgium. It is specialised in the research, development and manufacture of intraocular implants for cataract surgery. PhysIOL's expertise covers all steps of development and manufacture of intraocular lenses. It extends from polymer chemistry through to sterilisation processes, including modelling and risk-control associated with implantable materials. The dynamic R&D department at PhysIOL has developed a range of innovative products, designed in partnership with ophthalmic surgeons and in close cooperation with specialised research centres and universities.

Communication contacts:
PhysIOL S.A.
Hélène Bernard, HR & Communication Manager
Phone : +32(0)4 361 42 65
Allée des Noisetiers, 4,
Liège Science Park,
B-4031 Liège, Belgium