Johnson & Johnson Vision Care Inc. v. Rembrandt Vision Technologies LP

January 17, 2017 – The U.S. Supreme Court declined to review the Federal Circuit’s decision to overturn Johnson & Johnson’s earlier win at trial.  The company argued that the Federal Circuit erred in ordering a new trial under Rule 60(b), which allows a court to reverse an adverse judgment if the other party committed “fraud, misrepresentation, or misconduct.”  Specifically, the company invited the Court to resolve a circuit split on the issue of when an expert’s false testimony should justify a new trial.  The patent-in-suit is U.S. Patent Number 5,712,327, “Soft gas permeable contact lens having improved clinical performance.” The case is captioned Johnson & Johnson Vision Care Inc. v. Rembrandt Vision Technologies LP, case number 16-489, in the United States Supreme Court.

By: Joyce L. Nadipuram