This article is more than 5 years old. Information may no longer be current.
Transcend, Glaukos settle patent lawsuit in U.S. District Court
Click Here to Manage Email Alerts
MENLO PARK, Calif. – Transcend Medical Inc. and Glaukos Corp. reached an agreement to settle a patent lawsuit in the U.S. District Court in Delaware, Transcend Medical announced today in a press release.
Glaukos had filed suit against Transcend Medical concerning the patent for Transcend Medical’s CyPass micro-stent.
The settlement stipulates that, in exchange for Glaukos refraining from litigation over any of its patents, Transcend will provide Glaukos with a 1% dollar- and time-capped payment on commercial sales of CyPass FX and VX technologies, the release said.
Because of the agreement, court proceedings will not take place and all proceedings will be dismissed, the release said.
Other terms of the agreement will remain confidential between the two companies.
“We are pleased to be able to resolve our disagreement with Glaukos over its patents,” Brian Walsh, Transcend’s president and chief executive officer, said in the release. “On the heels of our successful COMPASS clinical study, we now look forward to securing regulatory approval in the U.S. for our CyPass micro-stent, enabling ophthalmologists to provide their patients with this innovative MIGS device.”
In September, the U.S. District Court in Delaware ruled that the CyPass does not infringe on Glaukos patents named in the lawsuit. In addition, the court denied Glaukos’ motion for summary judgment of no inequitable conduct with regard to its patents.
The Glaukos patents in question cover micro-stent implant systems that promote the drainage of aqueous humor into unconventional outflow channels such as the eye’s uveoscleral outflow pathway, according to a press release from Glaukos.
The patents do not concern Glaukos implants that access conventional outflow channels through the trabecular meshwork and into Schlemm’s canal, the Glaukos release said.