Sight Sciences Prevails Over Alcon and Ivantis in Patent Invalidation Attempt

Sight Sciences Prevails Over Alcon and Ivantis in Patent Invalidation Attempt

March 31, 2023

Sight Sciences announced its success in defeating all four patent invalidity challenges that were filed against it by Alcon and Ivantis in the United States Patent and Trademark Office.

Patent Infringement Litigation Over Hydrus® Microstent

In September 2021, Sight Sciences filed a lawsuit in the U.S. District Court for the District of Delaware (C.A. No. 1:21-cv-01317) accusing Ivantis, Inc. of infringing several U.S. patents by selling the Hydrus® Microstent. The lawsuit sought monetary damages and injunctive relief. In August 2022, Sight Sciences amended its complaint to add Alcon Inc., Alcon Vision, LLC, and Alcon Research, LLC as defendants and alleged that they also infringed U.S. Patent No. 11,389,328.

Alcon and Ivantis filed petitions for inter partes review with the U.S. Patent Office in response to the Company's lawsuit, seeking the invalidation of U.S. Patent Nos. 8,287,482, 9,370,443, 9,486,361, and 10,314,742 (IPR2022-01529, IPR2022-01530, IPR2022-01533, IPR2022-01540). However, on March 21st, 22nd, and 27th, 2023, the U.S. Patent Office denied all four of the petitions, stating that a review proceeding to evaluate the invalidity challenges was unwarranted.

The Patent Office found that the same or substantially the same prior art had already been presented to the Patent Office during examination of the Company's patents, and Alcon and Ivantis failed to demonstrate that the Patent Examiner had materially erred when considering the prior art. The inter partes review proceedings' records are publicly available on the Patent Office website.

Sight Sciences has been involved in the innovation of both implantable and non-implantable circumferential glaucoma surgery since 2006. The company possesses an extensive patent portfolio that covers a range of approaches to circumferential glaucoma surgery, including but not limited to, canalicular scaffolding implants, canaloplasty, trabeculotomy and goniotomy technologies and methods, as well as technologies related to drug delivery within Schlemm’s canal.

“Our robust and growing portfolio of patents helps safeguard our innovative technologies,” said Paul Badawi, co-founder and CEO of Sight Sciences, and co-inventor of the patents-in-suit. “We plan to defend our intellectual property and commercial rights vigorously.”

The rejections of Alcon's and Ivantis's petitions are final and cannot be appealed. A jury trial lasting five days has been scheduled to begin on April 8, 2024 in Wilmington, Delaware, to address Sight Sciences' claims of patent infringement against Alcon and Ivantis.