Visx Wins Review of Judge’s Ruling

Visx Inc., the biggest maker of vision-correction lasers, won a review of part of a judge’s decision that its patents weren’t infringed upon by rival Nidek Co., the U.S. International Trade Commission said.

The International Trade Commission is a federal agency that investigates trade issues that affect U.S. industries. Visx had said it would seek a review after Debra Morriss, a judge for the commission, ruled in December that the evidence supported Nidek’s contentions that its laser technology didn’t violate Visx’s patents.

When the ITC decides a U.S. patent has been infringed upon, it can ban importation of the offender’s product.

The commission said it won’t review the judge’s decision that one of Visx’s patents was infringed upon by Nidek. The commission will review the ruling that another of Visx’s patents is invalid.

Nidek, unlike Visx, doesn’t charge doctors a fee for each use of its lasers. If Nidek’s laser stays on the U.S. market, Visx’s laser sales could be hurt, analysts said.

Visx and Nidek couldn’t be reached for comment. Shares of Visx rose to $27.25 in midafternoon trading. Nidek is a closely held Japanese company.