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Sight Sciences defeats invalidity challenges filed by Alcon, Ivantis
The Fly

Sight Sciences defeats invalidity challenges filed by Alcon, Ivantis

Sight Sciences (SGHT) reported that it defeated all four patent invalidity challenges filed by Alcon (ALC) and Ivantis in the United States Patent and Trademark Office. Patent Infringement Litigation Over Hydrus Microstent: On September 16, 2021, the Company filed suit in the U.S. District Court for the District of Delaware alleging that Ivantis, Inc. infringes U.S. Patent Nos. 8,287,482, 9,370,443, 9,486,361, and 10,314,742 by making, using, selling, and offering for sale the Hydrus Microstent. The Company’s complaint seeks money damages and injunctive relief. On August 1, 2022, the Company filed an amended complaint adding Alcon Inc., Alcon Vision, LLC and Alcon Research, LLC as defendants and added allegations of infringement of U.S. Patent No. 11,389,328. Ivantis and Alcon responded to the Company’s lawsuit by filing petitions for inter partes review with the U.S. Patent Office seeking the invalidation of U.S. Patent Nos. 8,287,482, 9,370,443, 9,486,361, and 10,314,742. On March 21st, 22nd, and 27th, 2023, the U.S. Patent Office denied each of Alcon’s and Ivantis’s petitions, concluding in each case that commencing a review proceeding to evaluate their invalidity challenges was unwarranted. The Patent Office found that the same or substantially the same prior art previously had been presented to the Patent Office during examination of the Company’s patents, and Alcon and Ivantis had not demonstrated that the Patent Examiner materially erred when considering the prior art. Records of the inter partes review proceedings are publicly available at the Patent Office website. Denials of Alcon’s and Ivantis’s petitions are not appealable. A five-day jury trial regarding Sight Sciences’ patent infringement claims against Alcon and Ivantis is scheduled to commence in Wilmington, Delaware on April 8, 2024.

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