This case was last updated from U.S. District Courts on 01/15/2022 at 08:20:35 (UTC).

Zeavision, LLC v. Bausch & Lomb Incorporated

Case Summary

On November 16, 2021, Zeavision, LLC, (“ZeaVision” or “Plaintiff”), represented by  Anthony G. Simon and Paul Tahan of the Simon Law Firm PC, filed an intellectual property lawsuit against Bausch & Lomb Incorporated (“Defendant”), seeking damages, attorney’s fees, interests and other reliefs for the Defendant’s alleged infringement of the United States Patents owned by the Plaintiff. This case was filed U.S. District Court in the Eastern District of Missouri with Judge Shirley P. Mensah presiding.

 

The Plaintiff filed this complaint for the alleged infringement of the United States Patent: United States Patent No. 11,173,133 is titled “zeaxanthin formulations with additional ocular-active nutrients, for protecting health and treating eye disorders” (“the ‘133 patent” or “Patent-in-suit”) owned by the Plaintiff.

 

In their complaint, the Plaintiff alleged that, “Bausch & Lomb manufactures and sells oral zeaxanthin formulations with additional ocular-active ingredients/nutrients. These products include Bausch & Lomb’s PreserVision AREDS 2 Formula (mini gels), AREDS 2 Formula Chewable, and AREDS 2 Formula + Multivitamin. Products marked as AREDS 2 on Bausch & Lomb’s website do not list beta-carotene as an ingredient.”

 

The Plaintiff further alleged that, “Without ZeaVision’s authorization, Bausch & Lomb has made, used, sold, offered for sale, and/or imported into the United products that infringe at least claim 1 of the ’133 patent, either literally or under the doctrine of equivalents. Upon information and belief, Bausch & Lomb has placed and sold the infringing products Bausch & Lomb’s PreserVision AREDS 2 Formula (mini gels), AREDS 2 Formula Chewable, and AREDS 2 Formula + Multivitamin across the United States.” 

 

The Plaintiff also alleged that, “Bausch & Lomb has made, used, sold, and/or offered for sale within the United States, and/or imported into the United States, one or more zeaxanthin formulations with additional ocular-active nutrients for the purpose of protecting eye health and treating eye diseases and disorders, including but not limited to Bausch & Lomb’s PreserVision AREDS 2 Formula (mini gels), AREDS 2 Formula Chewable, and AREDS 2 Formula + Multivitamin that infringe, either directly or indirectly, literally or under the doctrine of equivalents, at least claim 1 of the ’133 patent.”

 

The only claim for relief laid down by Plaintiff is for the alleged infringement of the Patent-in-suit.

 

In their prayer for relief, the Plaintiff has requested the Court to pass a judgment for permanent injunctive relief along with awarding ZeaVision the profits of Bausch & Lomb in accordance with 35 U.S.C. § 289, resulting from Bausch & Lomb’s infringement of the ’133 patent; actual damages to ZeaVision in an amount not less than a reasonable royalty for Bausch & Lomb’s infringement and other damages and relief as allowed by 35 U.S.C. § 284; treble the damages in accordance with the provisions of 35 U.S.C. § 284 including attorneys’ fees, costs of suit and any other relief the Court deems just.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-01352

  • Filing Date:

    11/16/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judges

Shirley Padmore Mensah

Sarah E. Pitlyk

 

Party Details

Plaintiff

Zeavision, LLC

Defendant

Bausch & Lomb Incorporated

Attorney/Law Firm Details

Plaintiff Attorneys

Anthony G. Simon

Attorney at THE SIMON LAW FIRM PC

800 Market Streetsuite 1700

St. Louis, MO 63101

Paul Tahan

Attorney at THE SIMON LAW FIRM PC

800 Market Streetsuite 1700

St. Louis, MO 63101

Defendant Attorneys

Dan H. Ball

Attorney at BRYAN CAVE LLP - St Louis

One Metropolitan Square211 N. Broadway

St. Louis, MO 63102

Peter William Bay

Attorney at BRYAN CAVE LLP - St Louis

One Metropolitan Square211 N. Broadway

St. Louis, MO 63102

 

Court Documents

#1

(#1) COMPLAINT against defendant Bausch & Lomb Incorporated with receipt number AMOEDC-8978237, in the amount of $402 Jury Demand,, filed by Zeavision, LLC. (Attachments: #1 Exhibit A., #2 Civil Cover Sheet Civil Cover Sheet, #3 Original Filing Form Original Filing Form)(Simon, Anthony) (Additional attachment(s) added on 11/16/2021: #4 Summons) (JKL). (Entered: 11/16/2021)

#16

(#16) CJRA ORDER (GJL). Magistrate Judge Shirley Padmore Mensah termed. Case reassigned to District Judge Sarah E. Pitlyk for all further proceedings. (MCB) (Entered: 12/30/2021)

#14

(#14) ENTRY of Appearance by Dan H. Ball for Defendant Bausch & Lomb Incorporated. (Ball, Dan) (Entered: 12/09/2021)

#13

(#13) Consent MOTION for Extension of Time to File Answer or Responsive Pleadings by Defendant Bausch & Lomb Incorporated. (Bay, Peter) (Entered: 12/09/2021)

#12

(#12) ENTRY of Appearance by Peter William Bay for Defendant Bausch & Lomb Incorporated. (Bay, Peter) (Entered: 12/09/2021)

#11

RESTRICTED

#10

(#10) SUPPLEMENTAL re #1 Complaint, Exhibit A by Plaintiff Zeavision, LLC. (Simon, Anthony) (Entered: 11/23/2021)

#8

(#8) REASSIGNMENT ORDER (GJL). The above styled and numbered case was opened on November 16, 2021. Due to a clerical error, this case was assigned to the Honorable Stephen R. Clark, United States District Judge. Therefore, this case must be reassigned. Accordingly, IT IS THEREFORE ORDERED that the above-styled cause is randomly reassigned to the Honorable Shirley Padmore Mensah, United States Magistrate Judge. (JKL) (Entered: 11/16/2021)

#7

(#7) REPORT to Commissioner of filing or determination of an action regarding patent. (JKL) (Entered: 11/16/2021)

#6

(#6) ENTRY of Appearance by Paul Tahan for Plaintiff Zeavision, LLC. (Tahan, Paul) (Entered: 11/16/2021)

#5

(#5) NOTICE Report on the Determination of an Action regarding a Patent or Trademark: by Plaintiff Zeavision, LLC (Simon, Anthony) Clerk's Note: Report re-docketed as entry #7 for electronic notification to the U.S. Patent and Trademark Office. Modified on 11/16/2021 (JKL). (Entered: 11/16/2021)

#4

(#4) ENTRY of Appearance by Anthony G. Simon for Plaintiff Zeavision, LLC. (Simon, Anthony) (Entered: 11/16/2021)

#3

(#3) NOTICE Intent to Use Process Server: by Plaintiff Zeavision, LLC (Simon, Anthony) (Entered: 11/16/2021)

#2

(#2) DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff Zeavision, LLC.. (Simon, Anthony) (Entered: 11/16/2021)

1 #4

Summons

1 #3

Original Filing Form Original Filing Form

1 #2

Civil Cover Sheet Civil Cover Sheet

1 #1

Exhibit A.

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Docket Entries

  • 12/30/2021
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  • Docket(#16) CJRA ORDER (GJL). Magistrate Judge Shirley Padmore Mensah termed. Case reassigned to District Judge Sarah E. Pitlyk for all further proceedings. (MCB) (Entered: 12/30/2021)

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  • 12/10/2021
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  • Docket(#15) Docket Text ORDER: Re #13 Consent MOTION for Extension of Time to File Answer or Responsive Pleadings by Defendant Bausch & Lomb Incorporated; ORDERED GRANTED. Bausch & Lomb Incorporated answer due 1/26/2022. Signed by Magistrate Judge Shirley Padmore Mensah on 12/10/21. (EAB) (Entered: 12/10/2021)

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  • 12/09/2021
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  • Docket(#14) ENTRY of Appearance by Dan H. Ball for Defendant Bausch & Lomb Incorporated. (Ball, Dan) (Entered: 12/09/2021)

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  • 12/09/2021
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  • Docket(#13) Consent MOTION for Extension of Time to File Answer or Responsive Pleadings by Defendant Bausch & Lomb Incorporated. (Bay, Peter) (Entered: 12/09/2021)

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  • 12/09/2021
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  • Docket(#12) ENTRY of Appearance by Peter William Bay for Defendant Bausch & Lomb Incorporated. (Bay, Peter) (Entered: 12/09/2021)

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  • 12/08/2021
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  • Docket(#11) SUMMONS Returned Executed filed by Zeavision, LLC. Bausch & Lomb Incorporated served on 12/3/2021, answer due 12/27/2021. (Simon, Anthony) (Entered: 12/08/2021)

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  • 11/23/2021
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  • Docket(#10) SUPPLEMENTAL re #1 Complaint, Exhibit A by Plaintiff Zeavision, LLC. (Simon, Anthony) (Entered: 11/23/2021)

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  • 11/16/2021
  • DocketJudge Mensah enters a Standing Order in all of her cases as follows: See Order for details #https://www.moed.uscourts.gov/judge/shirley-padmore-mensah (EAB) (Entered: 11/17/2021)

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  • 11/16/2021
  • Docket(#9) Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob) (Entered: 11/16/2021)

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  • 11/16/2021
  • DocketAMENDED Case Opening Notification. Judge Assigned: Honorable Shirley P. Mensah. 1 Summons(es) issued and emailed to Attorney Anthony G. Simon and Attorney Paul Tahan. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. and all non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). (JKL) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#8) REASSIGNMENT ORDER (GJL). The above styled and numbered case was opened on November 16, 2021. Due to a clerical error, this case was assigned to the Honorable Stephen R. Clark, United States District Judge. Therefore, this case must be reassigned. Accordingly, IT IS THEREFORE ORDERED that the above-styled cause is randomly reassigned to the Honorable Shirley Padmore Mensah, United States Magistrate Judge. (JKL) (Entered: 11/16/2021)

    Read MoreRead Less
  • 11/16/2021
  • DocketCase Opening Notification. Judge Assigned: Honorable Stephen R. Clark. 1 Summons(es) issued and emailed to Attorney Anthony G. Simon and Attorney Paul Tahan. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). (JKL) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#7) REPORT to Commissioner of filing or determination of an action regarding patent. (JKL) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#6) ENTRY of Appearance by Paul Tahan for Plaintiff Zeavision, LLC. (Tahan, Paul) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#5) NOTICE Report on the Determination of an Action regarding a Patent or Trademark: by Plaintiff Zeavision, LLC (Simon, Anthony) Clerk's Note: Report re-docketed as entry #7 for electronic notification to the U.S. Patent and Trademark Office. Modified on 11/16/2021 (JKL). (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#4) ENTRY of Appearance by Anthony G. Simon for Plaintiff Zeavision, LLC. (Simon, Anthony) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#3) NOTICE Intent to Use Process Server: by Plaintiff Zeavision, LLC (Simon, Anthony) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#2) DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff Zeavision, LLC.. (Simon, Anthony) (Entered: 11/16/2021)

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  • 11/16/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against defendant Bausch & Lomb Incorporated with receipt number AMOEDC-8978237, in the amount of $402 Jury Demand,, filed by Zeavision, LLC. (Attachments: #1 Exhibit A., #2 Civil Cover Sheet Civil Cover Sheet, #3 Original Filing Form Original Filing Form)(Simon, Anthony) (Additional attachment(s) added on 11/16/2021: #4 Summons) (JKL). (Entered: 11/16/2021)

    Read MoreRead Less
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