Sight Sciences Defeats Invalidity Challenges Filed By Alcon and Ivantis In The U.S. Patent Office
MENLO PARK, Calif., March 30, 2023 (GLOBE NEWSWIRE) — Sight Sciences, Inc. (Nasdaq: SGHT) (“Sight Sciences,” or the “Company”), an eyecare technology company focused on creating innovative solutions intended to transform care and improve patients’ lives, today reported that it defeated all four patent invalidity challenges filed by Alcon 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 (C.A. No. 1:21-cv-01317) 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 (IPR2022-01529, IPR2022-01530, IPR2022-01533, IPR2022-01540). 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.
Since 2006, Sight Sciences has innovated in circumferential glaucoma surgery, both implantable and non-implantable. The Company’s extensive patent portfolio covers many approaches to circumferential glaucoma surgery, including, but not limited to, canalicular scaffolding implants, canaloplasty, trabeculotomy and goniotomy technologies and methods, and 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.”
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.
About Sight Sciences
Sight Sciences is an eyecare technology company focused on developing and commercializing innovative solutions intended to transform care and improve patients’ lives. Using minimally invasive or non-invasive approaches to target the underlying causes of the world’s most prevalent eye diseases, Sight Sciences seeks to create more effective treatment paradigms that enhance patient care and supplant conventional outdated approaches. The Company’s OMNI® Surgical System is a minimally invasive glaucoma surgery (MIGS) device indicated to reduce intraocular pressure in adult patients with primary open-angle glaucoma (POAG), the world’s leading cause of irreversible blindness. The Company’s TearCare® System is 510(k) cleared for the application of localized heat therapy in adult patients with evaporative dry eye disease due to meibomian gland dysfunction (MGD), enabling office-based clearance of gland obstructions by physicians to address the leading cause of dry eye disease. The Company’s SION™ Surgical Instrument is a manually operated device used in ophthalmic surgical procedures to excise trabecular meshwork.
For more information, visit www.sightsciences.com.
OMNI® and TearCare® are registered trademarks of Sight Sciences.
SION™ is a trademark of Sight Sciences.
© 2023 Sight Sciences. All rights reserved.
Forward-Looking Statements
This press release, together with other statements and information publicly disseminated by the Company, contains certain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. The Company intends such forward-looking statements to be covered by the safe harbor provisions for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995 and includes this statement for purposes of complying with these safe harbor provisions. Any statements made in this press release or during the earnings call that are not statements of historical fact, including statements about our beliefs and expectations, are forward-looking statements and should be evaluated as such. Forward-looking statements include information concerning possible or assumed future results of operations, including descriptions of our business plan and strategies. These statements often include words such as “anticipate,” “expect,” “suggests,” “plan,” “believe,” “intend,” “estimates,” “targets,” “projects,” “should,” “could,” “would,” “may,” “will,” “forecast” and other similar expressions. We base these forward-looking statements on our current expectations, plans and assumptions that we have made in light of our experience in the industry, as well as our perceptions of historical trends, current conditions, expected future developments and other factors we believe are appropriate under the circumstances at such time. Although we believe that these forward-looking statements are based on reasonable assumptions at the time they are made, you should be aware that many factors could affect our business, results of operations and financial condition and could cause actual results to differ materially from those expressed in the forward-looking statements. These statements are not guarantees of future performance or results. These forward-looking statements include, but are not limited to, statements concerning the following: our plan to vigorously defend our intellectual property and commercial rights. These forward-looking statements are subject to and involve numerous risks, uncertainties and assumptions, including those discussed under the caption “Risk Factors” in our filings with the U.S. Securities and Exchange Commission, as may be updated from time to time in subsequent filings, and you should not place undue reliance on these statements. These cautionary statements are made only as of the date of this press release. We undertake no obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by applicable law.
Investor contact:
Philip Taylor
Gilmartin Group
415.937.5406
Investor.Relations@Sightsciences.com
