A Medical Device Daily
Synergetics (O'Fallon, Montana) a company that designs, manufactures, and markets microsurgical instruments and other devices, reported that the lawsuit filed by Alcon Research (Fort Worth, Texas) against the company in the Northern District of Texas, Case No. 4-08CV-609-Y has been stayed in its entirety until both of the patents at issue have completed re-examination in the U.S. Patent and Trademark Office ("PTO").
This lawsuit alleges infringement of U.S. Patents No. 5,603,710 and 5,318,560, as well as infringement of three Alcon-owned trademarks, namely Alcon, Accurus and Greishaber. The court found that the stay would not prejudice or be a tactical disadvantage for Alcon and that the stay may allow the re-examination to simplify or eliminate the issues in question.
The PTO has stated that an average re-examination by the PTO takes nearly 25 months to complete. In addition, 75% of the time the patent's original claims are either canceled or changed.
"We are pleased with the court's findings in this case as it is unlikely that this lawsuit will have a significant impact on our financial position or be a further drain on our resources in the near future, if ever," said David Hable, president/CEO of Synergetics.