Court Denied Motion to Modify Scheduling/Pretrial Order

October 15, 2015­ – The court denied Defendant Glaukos Corporation’s motion to postpone a bench trial on inequitable conduct. This denial comes after the court granted Plaintiff Transcend Medical Inc.’s motion for summary judgment of noninfringment. Glaukos Corporation argued that the inequitable conduct trial should be postponed because “the gravamen of the dispute between the parties and a trial on the inequitable conduct issue would be a waste of resources and potentially unnecessary in the event that the infringement ruling is affirmed on appeal.” The court denied the motion to postpone for efficiency reasons. “Postponement of the trial so that the appeal process can play out in the Federal Circuit could, depending on the outcome in that court, require the parties to prepare for trial a second time . . . [A] trial date that is only three weeks away weighs against postponement.”

The patents-at-issue are U.S. Patent Nos. 7,850,637; 7,857,782; 8,075,511; and 8,579,846. The patents involve ocular implant delivery systems. The case is captioned Transcend Medical Inc. v. Glaukos Corporation, 1-13-cv-00830, and is pending in the District of Delaware.

By: Una Fan