The United States District Court for the District of Delaware issued rulings on three pending summary judgment motions in Glaukos’s patent lawsuit with Transcend Medical related to Transcend’s CyPass micro-stent, according to a company news release.
At issue in the lawsuit are three Glaukos patents related to its iStent Supra Suprachoroidal Micro-Bypass Stent, which is currently being evaluated in a US IDE pivotal trial. The patents generally cover micro-stent implant systems that facilitate drainage of aqueous humor into the eye’s uveoscleral, or unconventional, outflow pathway and are used to treat glaucoma. The patents at issue are not related to Glaukos’ glaucoma products that access the eye’s conventional aqueous humor outflow pathway through the trabecular meshwork and into Schlemm’s canal, including the FDA-approved iStent® Trabecular Micro-Bypass Stent and the iStent inject Trabecular Micro-Bypass Stent, which is currently being evaluated in US IDE clinical trials.
In its ruling, the court granted Transcend’s motion for summary judgment that Transcend’s CyPass Micro-Stent does not infringe the Glaukos patents at issue in the lawsuit. The court also granted in part Transcend’s summary judgment motion of invalidity, which affects a small subset of claims in each of Glaukos’ patents but not the primary claims of the patents. The court also denied Glaukos’ motion for summary judgment of no inequitable conduct with respect to its patents, and a trial on this matter is scheduled to begin November 2, 2015, according to the Glaukos news release.
Glaukos is evaluating its options with respect to the rulings related to non-infringement and invalidity, including a possible appeal. 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.