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InSite Vision wins legal battle with university over patents

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The U.S. Court of Appeals for the Federal Circuit recently affirmed, by a split decision, a ruling made by the U.S. Patent and Trademark Office panel of judges in favor of InSite Vision in its patent interference litigation with the University of California San Francisco, according to an InSite press release.

The litigation was brought to the Patent and Trademark Office by the University of California San Francisco (UCSF) in 2009, who claimed that inventions contained within the two patents protecting AzaSite (azithromycin ophthalmic solution 1%), AzaSite Xtra (ISV-405) and AzaSite Plus (ISV-502), 6,239,113 and 6,569,443, were invented by a former employee of the university alone and without collaboration with InSite Vision, according to the release.

The Patent and Trademark Office entered its judgment against UCSF’s claim in November 2011, the release said, and the U.S. Court of Appeals has now affirmed that judgment.