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Court rules Transcend Medical did not infringe on Glaukos patents
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A U.S. district court in Delaware issued rulings on three pending summary judgment motions in Glaukos’ lawsuit against Transcend Medical concerning Transcend’s CyPass micro-stent.
According to a press release from Glaukos, the court ruled that the CyPass does not infringe on the Glaukos patents named in the lawsuit. The court also partly granted Transcend’s summary judgment motion of invalidity, which affects a small subset of claims in each of the Glaukos patents but not the primary claims of the patents.
In addition, the court denied Glaukos’ motion for summary judgment of no inequitable conduct with regard to its patents, the release said.
Glaukos may file an appeal of the rulings, the release said. A trial on the matter is scheduled to begin Nov. 2.
The lawsuit centers on three Glaukos patents for the iStent Supra suprachoroidal micro-bypass stent, which is undergoing a pivotal trial in the U.S. The patents cover micro-stent implant systems that promote the drainage of aqueous humor into the eye’s uveoscleral, or unconventional, outflow pathway in treating glaucoma.
The patents do not concern Glaukos implants that access conventional aqueous outflow channels through the trabecular meshwork and into Schlemm’s canal, such as the iStent trabecular micro-bypass stent and the iStent inject trabecular micro-bypass stent. The iStent trabecular micro-bypass stent is FDA approved. The iStent inject is undergoing clinical trials in the U.S.
“Glaukos is evaluating its options with respect to the rulings related to non-infringement and invalidity, including a possible appeal,” the release said. “Glaukos also plans to continue to defend itself vigorously against Transcend’s claims of inequitable conduct. Glaukos does not believe the rulings or an adverse outcome in the litigation will affect its ability to
commercialize the iStent Supra, if it is approved by the FDA, but could potentially affect its market share and sales due to the addition of one or more competing products in the market.”