Pressemitteilung BoxID: 868553 (VSY Biotechnology BV)
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VSY BIOTECHNOLOGY Has Won the Legal Action Against AMAZON

The Ruling Has Become Final After Many Years

(PresseBox) (Amsterdam, ) The Netherlands based company VSY Biotechnology has stated that they have won the legal action against Amazon regarding a breach of trademarks, after a 4-year time period in which rulings had been made in favour of Amazon before. Dr. Ercan Varlibas, the Chairman of the Board of Directors of VSY Biotechnology, said that justice had been served and he wanted to thank the fair and honest courts and judges.

We Will Win Against ZEISS Too

Dr. Varlibas said that Zeiss had also brought a patent action against them, and claimed that they would also win this case sooner or later. Dr. Varlibas remarked that the courts will decide in an objective and unbiased manner, while taking scientific data into account.

Dr. Varlibas, who claims that they are also right in the Zeiss case, has stated that the existing patent of Zeiss – the subject of action – had not been developed as a result of research undertaken by Zeiss, but was purchased from Japanese scientists recently (EP 2 377 493 B1 See: Annex-1). Dr. Varlibas said, “There are mistakes in this patent too. There are inconsistencies within the patent itself and it does not contain clear lines. Experts in the field are having difficulty interpreting the patent. Therefore, we have brought an action to make the patent void.”

Dr. Varlibas stated that the patent actions had been brought in the Dusseldorf Regional Court in Germany and the Den Haag Regional Court in the Netherlands – which are the best courts for patent cases in Europe. Dr. Varlibas emphasized that both courts would fulfil a very important mission. Dr. Varlibas stated that despite being an ophthalmologist himself for 20 years, he still obtained assistance on technical matters, and said, “It is also very important for the courts to pay attention to the technical aspect when carrying out their missions and ensuring justice. Courts should not act emotively or based on their own convictions in these types of scientific matters, but reach conclusions in line with the scientific data and opinions they have obtained from independent technical experts. Injustices can only be prevented in this way.” Dr. Varlibas stated that symptoms such as the Informational Cascade*, which is known as “being influenced by the rulings of each other” should not occur in the courts, and said, “Two wrongs don’t make a right.”

Dr. Varlibas, said that the aim of patent actions was to protect scientific interventions and the owners of the patent. Dr. Varlibas also stated: “Unfortunately, today, large companies can use patent actions as a way to prevent innovative companies entering the market, and to become a monopoly. Courts need to act with care on this matter. Indeed, a good article has recently been published on this very subject.”

Dr. Varlibas stated that they had paid lawyers, consultants and court preparation cost more than 1 million Euros to-date, and said that this figure would increase yet further, adding that it was probable that Zeiss had also paid their lawyers more than this amount. Dr. Varlibas asks: “Do you think that new innovative companies can pay these beginning costs even if they are right in their cases?”

Dr. Varlibas stated that he thought Zeiss had a reputation as a large and respected company which attaches importance to ethical values, and said: “My recommendation to the directors of Zeiss is for them to have our statements examined by their scientists from a scientific point of view, one more time. That is because, if it is science and technology that is going to win, it will be us that will win at the end of the day. Reliance should not be placed upon speculation or provisional rulings, and action should not be taken based only on the guidance of lawyers.”

Dr. Varlibas stated that they were trying to work with honest lawyers who had a command of their subject and who guided their clients correctly. He said, “We are very happy with our new lawyers. Our lawyer in Germany – Hosea Haag – is a lawyer who has considerable command of the subject. He studied the subject like a professor of optical physics. Likewise, our lawyer in the Netherlands – Wim Maas – is a lawyer who has won almost every case he has been involved in until now and one who is ethical, active and argues for his company from the heart, under the light of the truth.”

VSY Biotechnology and R&D

Dr. Varlibas, who stated that VSY Biotechnology is an innovative, ethical and fast-growing company, said, “We have one of the largest R&D centres in the field of ophthalmology.” He said that they presented new products to the market every year and that they would continue serving human health. He said, “Currently, we have close to 40 R&D projects in front of us. We are also making the patent applications for these products, which will come out of the R&D centre. We are a company which intends to grow with ethical values, aiming to inspire the young. What big companies mostly do is to try to create the perception that they are right just because they are strong. Strong companies should not benefit from this effect which they create. At that point, the individuals and organisations around them should also not adopt the thinking that those who are powerful are also right, and a Bandwagon effect should not be created. As a company which attaches great importance to ethical values, we invite other big companies to also act ethically and with honesty. We will give the necessary legal response to all individuals and organisations who try to prevent us through unethical behaviour. The large companies which stoop to such actions are in a state of pitiful helplessness.

A Historic Case

Dr. Ercan Varlibas, who said that this action would set a precedent for numerous companies, lawyers and courts in the future, invited all scientists in the world, especially the experts on the subjects of optics and physics, to examine the scientific data and arguments in this case. Dr. Varlibas said, “This case will still be talked about in many years’ time. Patents are based on scientific facts. Scientifically speaking, we are right. We associate ourselves with Galileo. Galileo knew that he was justified in his action – so do we. However, there is one difference; our courts are now looking at scientific data, and are not prejudiced. That is why we will win this case too.”