Glaukos and Transcend Medical have reached a settlement resolving all existing eye stent patent litigation.
U.S. District Court for the District of Delaware Judge Mitchell Goldberg dismissed all claims between the two companies in the case Transcend Medical Inc. v. Glaukos Corporation on Oct. 29. The lawsuit, brought in May 2013 by Transcend, sought a declaration of noninfringement of Glaukos patents in the event that the company launched its CyPass technology in the U.S.
Glaukos has agreed not to sue for patent infringement involving Transcend’s CyPass micro-stent devices, appliers and delivery systems. In exchange, Transcend won’t challenge any Glaukos patent. Also, Transcend will pay Glaukos 1 percent of future net sales of CyPass micro-stents until April 8, 2022, with the total maximum payment limited at $6 million.
Glaukos says the settlement does not affect the company’s ability to market its iStent Supra suprachoroidal micro-bypass stent. — Jonathon Shacat