Sight Sciences prevails in patent infringement legal battle

Following a lawsuit filed by Sight Sciences against Ivantis and Alcon in 2021, Alcon has been ordered to pay $34 million to Sight Sciences.¹

Sight Sciences originally filed the lawsuit against Ivantis for patent infringement back in September 2021, but after Alcon acquired Ivantis in 2022, the lawsuit was amended to include Alcon as well.²

Sight Sciences filed the lawsuit “to prevent the infringing manufacture, use and sale of the Hydrus® Microstent, along with money damages for past infringement.” The 4 patents (US patent numbers 8,287,482 ("the '482 patent"), 9,370,443 ("the '443 patent"), 9,486,361 ("the '361 patent"), and 10,314,742 ("the '742 patent"), describe and claim devices and methods for reducing intraocular pressure in the eye, according to the company.^1,3

In response, Alcon and Ivantis filed petitions for inter partes review of the patent infringements, seeking invalidation of all 4 patents the lawsuit was brought against them for. Recently, the US Patent Office denied Alcon and Ivantis all 4 patent petitions. Following this, a trial jury was set for April 2024 to determine the verdict of the patent infringement.

The verdict was announced on April 26, following a 5-day trial by jury. According to a press release from Sight Sciences, the jury found that Alcon “willfully infringed all three Sight Sciences’ asserted patents and awarded monetary damages for past infringement.”¹

Monetary damages are listed as $5.5 million in lost profits and $28.5 million in royalty damages for sales of the Hydrus Microstent for the period from its commercial launch through trial.¹

“Given the substantial investments we have made in our surgical innovations on behalf of our surgeon customers and glaucoma patients, we believe safeguarding our intellectual property portfolio is paramount, and we are pleased with the jury’s verdict. Our attention remains steadfast on equipping eye care providers with efficacious technologies and executing on our long-term growth strategy in surgical glaucoma and dry eye disease,” said Paul Badawi, co-founder and CEO of Sight Sciences.

According to the company, the judge has not yet ruled on any potential enhancement of damages associated with the willfulness verdict or other remedies, and the verdict is subject to appeal.

References:

1. Sight Sciences Announces Successful $34 Million Patent Infringement Verdict Against Alcon and its Hydrus Microstent for Microinvasive Glaucoma Surgery. Press release; April 29, 2024. Accessed April 29, 2024. https://www.globenewswire.com/news-release/2024/04/29/2871217/0/en/Sight-Sciences-Announces-Successful-34-Million-Patent-Infringement-Verdict-Against-Alcon-and-its-Hydrus-Microstent-for-Microinvasive-Glaucoma-Surgery.html

2. Sight Sciences Files Lawsuit Against Ivantis for Patent Infringement. Press release; September 17, 2001. Accessed Accessed April 29, 2024. https://www.sightsciences.com/ous/sight-sciences-files-lawsuit-against-ivantis-for-patent-infringement/

3. Civil Action No. 21-1317-GBW-SRF In the United States District Court for the District Of Delaware. Sight Sciences Inc v. Ivantis Inc., Alcon Research LLC. https://www.ded.uscourts.gov/sites/ded/files/opinions/21-1317.pdf