A Medical Device Daily

A jury trial is inching closer in a patent infringement lawsuit between Synergetics USA (O'Fallon, Missouri) and Iridex (Mountain View, California).

The suit was filed in 2005 and scheduled for a jury trial April 16 (Medical Device Daily, March 1, 2007). At that trial, the jury will be asked to award damages and decide whether Synergetics' infringement was willful.

Iridex claims that a Synergetics adapter infringes its U.S. patent No. 5,085,492 (MDD, Oct. 21, 2005). In response to the suit, Synergetics in July 2006 said it had designed a different connector system to interface its laser probe products to Iridex laser sources (MDD, July 26, 2006).

The companies previously filed cross motions for summary judgment with Synergetics asking the court to find the Iridex patent invalid based on a prior, expired, third-party patent and Iridex asking the court to find summary judgment that this patent did not apply. The court entered a ruling last week finding that the core validity issue of the Iridex patent should be tried by the jury, according to Synergetics.

The court found that there were facts in dispute regarding whether the patent, which was discovered by Synergetics during this litigation, invalidates the claims of the Iridex patent. Specifically, the court found that the prior art patent is not identical to Iridex's claims but it is sufficiently close that the jury could find that it was an "obvious" invention when compared to the prior art. This would provide Synergetics with a complete defense to Iridex's remaining patent claims, the company said.

Gregg Scheller, president/CEO of Synergetics, said the court's decision "significantly strengthens" his company's case.

"In the ruling, the Judge denied both parties summary judgment due to a dispute regarding whether an aspect of the Iridex invention was common knowledge. Specifically, the parties disputed whether it was common knowledge to use SMA-style connectors to interconnect a laser to a fiberoptic probe at the time Iridex filed its patent. Although the Judge referred the obviousness issue to trial, we are confident that we can show that SMA-style connectors are common knowledge in our industry. Iridex will now face the potential invalidation of the entire patent upon which this dispute is founded," Scheller said.

Synergetics makes devices for use primarily in ophthalmic surgery and neurosurgery and for other healthcare applications.

Iridex develops laser systems, disposable laser probes and delivery devices to treat eye diseases and skin disorders.