Mar 12 2007
Synergetics USA has announced the following update to its shareholders on the status of the pending Iridex patent infringement lawsuit.
The parties 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 Friday finding that the core validity issue of the Iridex patent should be tried by the jury. 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. (Case Number 4:05-cv-01916-CDP, Document #303 in the pleadings.)
"I am obviously pleased with the Court's decision because this significantly strengthens our 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. We believe the SMA-style connector was the most common form of laser interconnection in our industry at that time and still is currently. In fact, it was cited in the Iridex patent application as prior art. 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," said Gregg D. Scheller, Chief Executive Officer and President of Synergetics.