FAIRFAX, Va.-The American Society of Cataract and Refractive Surgery has its nemesis on the ropes and wants to keep him there.
After spending $500,000 in legal fees to invalidate disputed patent claims by Dr. Samuel Pallin of Phoenix on a sutureless cataract incision, the society was outraged by Dr. Pallin's ads in Arizona newspapers claiming he invented no-stitch surgery. Not true, says ASCRS.
Dr. Pallin had sued a surgeon for patent infringement, demanding royalties for use of the incision. But Dr. Pallin signed a federal consent agreement that ended any patent enforcement.
Now the society has complained to the FTC and Arizona authorities that the "deceptive" ads violate the consent order and constitute "unfair competitive advantage." Dr. Pallin says he still owns the patent and wants due credit.
