D. Minn. (2004)
Fitzpatrick Soundly Defeats Motion for Preliminary Injunction in Patent and Breach of Non-Disclosure Agreement Case Involving Ophthalmic Lenses for Client Essilor, the world leader in manufacture of ophthalmic lenses
Fitzpatrick, on behalf of our client Essilor, won a decisive victory in defeating a motion for a preliminary injunction brought by a competitor, Vision-Ease. Vision-Ease, which filed the action in its home court of Minnesota, sought to enjoin Essilor’s recent introduction of polarized, polycarbonate ophthalmic lenses. Essilor, the world’s largest manufacturer of ophthalmic lenses, markets the subject lenses under its Varilux® Panamic® and Ovation® brands. After converting Vision-Ease’s motion for a temporary restraining order into one for a preliminary injunction, Judge Richard Kyle found that Vision-Ease fell “well-short” of meeting its burden, and that Essilor had “persuasively rebutted” the evidence presented by Vision-Ease. Finding that Vision-Ease had shown neither the confidentiality nor use of its alleged trade secret, the court concluded that Vision-Ease was “unlikely to prevail on its claim under the confidentiality agreement.” Likewise, the court found that Essilor had raised a “substantial question” concerning the patent’s validity and that Vision-Ease had therefore failed to demonstrate a likelihood of success on the merits of its patent claim.