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BAUSCH & LOMB INC. v. CIBA CORP.

No. 98-CV-6586L.

39 F.Supp.2d 271 (1999)

BAUSCH & LOMB INCORPORATED, a New York Corporation, Plaintiff, v. CIBA CORPORATION, a Georgia Corporation, Commonwealth Scientific and Industrial Research Organization, an Australian Corporation, Defendant.

United States District Court, W.D. New York.

March 17, 1999.

Attorney(s) appearing for the Case

Michael Wolford, Wolford & Leclair LLP, Rochester, NY, for Bausch & Lomb Incorporated, a New York Corporation, plaintiff.

Douglas Jones, Chamberlain, D'Amanda, Oppenheimer & Greenfield, Rochester, NY, Laura J. DeMoor, Mark T. Banner, Timothy C. Meece, Banner & Witcoff, Ltd., Chicago, IL, for CIBa Vision Corporation, a Georgia Corporation, defendant.

DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

Plaintiff, Bausch & Lomb Incorporated ("B & L"), commenced this action on December 12, 1998. The original complaint sought a declaratory judgment pursuant to 28 U.S.C. §§ 2201 and 2202 declaring three patents held by defendants CIBA Vision Corporation ("CIBA") and Commonwealth Scientific and Industrial Research Organization not to be infringed by B & L's manufacture...

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