The American Society of Cataract and Refractive Surgery (ASCRS), the American Academy of Ophthalmology (AAO), and the Ophthalmic Mutual Insurance Company (OMIC) today expressed their relief on the announcement of a settlement in a patent infringement case involving Nidek Co., Ltd. and VISX Incorporated.

On March 31, Nidek and VISX announced that they have signed a “term sheet” outlining a settlement in their lawsuit in which approximately 600 subpoenas were issued to physicians by Nidek. The settlement will become effective upon the signing of a final written agreement, which is currently being prepared.  Following the signing of the agreement, the parties will submit requests for dismissal of the lawsuits to the appropriate courts for approval.  At that point the subpoenas will be withdrawn.

 “The settlement terminates the potential liability of our members for thousands of dollars in legal fees and staff expenses to comply with the subpoena, and we compliment the parties on reaching a settlement without further involving our members,” said ASCRS President Marguerite McDonald. 

“It is most regrettable that these two companies chose legal strategies that would have burdened and taxed our member physicians’ resources.  It is our sincerest hope that litigants will choose less burdensome tactics in the future,” said H. Dunbar Hoskins Jr., MD, AAO Executive Vice President.

“Companies that are willing to use their own customers as pawns in legal disputes are engaging in tactics whose long-term consequences are unknowable.  In today’s legal environment that is irresponsible,” said Timothy J. Padovese, OMIC President and CEO.  

The executives agreed that, where their members are concerned, they would continue to oppose the use of excessively broad, intimidating, and inappropriate legal tactics in the future.