Davis Polk represents Transcend Medical, Inc., an innovator in the field of Micro-Invasive Glaucoma Surgery, in a patent suit against Glaukos Corporation. Transcend has recently completed a landmark clinical trial of its CyPass Technology and, after learning that Glaukos had claimed that Transcend would infringe its patents upon the commercialization of CyPass, Transcend filed an action seeking declaratory judgment of patent non-infringement, invalidity and unenforceability. Glaukos counterclaimed for patent infringement.

On September 18, 2015, Judge Goldberg, sitting by designation in the U.S. District Court for the District of Delaware, granted Transcend’s motion for summary judgment of non-infringement on all asserted claims, finding that no reasonable juror could find that Transcend’s CyPass Micro-Stent is infringing. Judge Goldberg also granted Transcend’s motion for summary judgment of invalidity in part, finding that eight of the asserted patent claims are indefinite. Finally, Judge Goldberg denied Glaukos’ motion of no inequitable conduct, holding that the evidence could support a finding that Glaukos intentionally deceived the United States Patent and Trademark Office regarding the inventorship of its patents.

The Davis Polk team includes partner Matthew B. Lehr, counsel David Lisson and associates Igor Piryazev, Alyse L. Katz and Julien du Vergier. Members of the Davis Polk team are based in the Northern California and New York offices.

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