A Medical Device Daily

Advanced Medical Optics (AMO; Santa Ana, California) reported settling a dispute with Alcon, Alcon Manufacturing and Alcon Laboratories (Fort Worth, Texas), resolving all pending patent infringement lawsuits between them related to technologies used in ophthalmic surgery.

Alcon will pay AMO $121 million, and the parties agree to dismiss all existing patent litigation and not to sue on the patents at issue, including the use of multiple viscoelastics in one surgical procedure. In addition, each company is granted a license to the patents covering its existing phacoemulsification equipment features that allows them to market their current products without threat of litigation.

The settlement resolves four pending patent lawsuits between the companies, including the December 2003 complaint filed against Alcon in the U.S. District Court for the District of Delaware for infringement of two AMO phacoemulsification patents for which a judge upheld a May 2005 jury decision of infringement by Alcon (Medical Device Daily, May 5, 2005). Alcon's appeal of that judgment was rejected late last year (MDD, Dec. 20, 2005).

“We invest substantial resources and energies to develop new ophthalmic technologies and are pleased to bring these legal matters to a swift and successful close for the benefit of our stockholders and customers,“ said Jim Mazzo, AMO president/CEO and chairman.

AMO develops vision technologies, its products including cataract/implant line and products for laser vision correction.

In other legalities:

• Medegen (Scottsdale, Arizona), a provider of medical devices and components, said that its Medical Manufacturing Services (MMS) division has filed suit in U.S. District Court in California against ICU Medical (San Clemente, California) for infringement of its U.S. patent, No. 5,730,418. It said the patent covers a number of its inventions in luer-activated valves, including positive displacement technology, which reduces the occurrence of vascular access device-related complications such as catheter occlusion.

The complaint alleges that two of ICU's valve products, CLC-2000 and TEGO, infringe on Medegen's patent for valve technology used in its Maximus product line, known as both MaxPlus and NacPlus, for the acute- and alternate-care markets and to OEMs.

The suit seeks damages and a permanent injunction preventing the further sale of these products by ICU.

“Medegen was the pioneer in positive displacement valve technology and we are a company committed to innovation in research and development,“ said Jeff Goble, president of Medegen's MMS division.

Medegen's line of needle-free valves, including the MaxPlus, features Tru-Swab technology that promotes aseptic technique and disinfection of the valve prior to access.

Medegen's MMS division develops IV therapy components, such as luer locks, luer caps, needle-less access ports, anesthesia manifolds and drip chambers under the KippMed brand name. Medegen MMS also markets its Maximus brand of IV therapy products, featuring the MaxPlus valve and a line of IV custom sets. Medegen provides products and services through two divisions: Medical Products manufacturing and its MMS division.

• Iridex (Mountain View, California) reported a court ruling in its favor regarding claim construction for 13 of 14 patent terms involved in the patent infringement action brought against Synergetics USA (Fallon, Missouri).

The suit, filed in late 2005 in the U.S. District Court for the Eastern District of Missouri, alleges that Synergetics infringes Iridex's U.S. patent No. 5,085,492, “Optical Fiber With Electrical Encoding,“ used in Iridex EndoProbe products and other laser delivery devices.

Iridex said that a district judge issued a ruling supporting it on the meaning of 13 patent terms at issue, following a Markman hearing.

“This is significant because Synergetics tried to use the Markman hearing to narrow Iridex's patent, but Synergetics' arguments were rejected,“ Iridex said, adding that the judge confirmed Iridex's position that its patent may cover a two-piece probe connector, such as the one sold by Synergetics.

Regarding the 14th patent term, the court's decision split the difference between Iridex's and Synergetics' positions. Iridex said this portion of the decision “is not expected to have any negative effect“ on its case.

Barry Caldwell, president/CEO of Iridex, called the decisions “one step in the process, and there is always a risk associated with litigation. Nonetheless, we believe that Synergetics clearly infringes our patent, and this ruling brings us closer to an ultimate resolution.“

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

• Delcath Systems (Stamford, Connecticut) reported that Laddcap Value Partners (New York), a 10% holder of the company's stock, agreed to withdraw its requests for a special meeting of Delcath's shareholders and the companies have agreed to dismiss, without prejudice, the litigation against Delcath launched last month in the Chancery Court of the State of Delaware.

The litigation relates to Laddcap's demand to inspect certain Delcath books and records. Both companies retain their rights to pursue any future action without restriction or prejudice.

Delcath develops isolated perfusion technology for organ or region-specific delivery of therapeutic agents.