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Alcon Settles, but Lawsuits Still Remain for J&J
Geneva, Switzerland-based Alcon is set to make a one-time payment to J&J over cataract surgery technology.
February 15, 2023
1 Min Read
Image credit: Credit: zimmytws / iStock via Getty Images
The dispute between Alcon and Johnson & Johnson regarding technology for using lasers in cataract surgery has been resolved.
Geneva, Switzerland-based Alcon said it would make a one-time payment to J&J Surgical Vision for $199 million in a settlement, that came one day before the dispute went before a jury.
As part of the resolution of this matter, the parties have exchanged cross-licenses of certain intellectual property and other mutually agreed covenants and releases.
The settlement stops J&J from seeking disgorgement of Alcon’s $3.1 billion in profits from the contact lens technology, according to an article from Bloomberglaw.
The disagreement began in 2020 when New Brunswick, NJ-based J&J claimed Alcon infringed on a dozen of its patents by selling the LenSx Laser System. J&J also said its copyright-protected computer programs had been ripped off, alleging piracy.
Alcon inherited the technology when it acquired LenSx Lasers for $744 million in 2010.
While this might be considered a victory for J&J, the company did not fare so well in its Talc subsidiary bankruptcy case. A three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled to dismiss the company’s subsidiary’s bankruptcy case because the unit did not face financial distress.
The panel’s decision could force J&J to face nearly 40,000 lawsuits alleging its baby powder and other products containing talc cause cancer.
Now, bankruptcy Judge Michael Kaplan said he would allow plaintiff Anthony Hernandez Valadez to proceed with a case against J&J, according to a report from Reuters.
J&J has argued that the lawsuits posed a severe financial threat that could potentially cost about $4.5 billion, with no end in sight, according to bankruptcy-court filings.
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