November 13, 2017 – The Court denied Defendants Alcon Laboratories, Inc. and Alcon Research’s (collectively, “Alcon”) motion for reargument, and in the alternative, motion for certification under 28 U.S.C. § 1292(b), as well as Alcon’s motion for leave to file a reply in support of its motion for reargument. Alcon moved for reargument on a decision regarding waiver of privilege on the basis of a “need to correct a clear error of law or fact to prevent manifest injustice.” The Court found both reargument and a reply brief unwarranted, and further found that no exceptional circumstances warranted certification of the order under 28 U.S.C. § 1292(b) for an interlocutory appeal. The patent-at-issue is U.S. Patent No. 7,077,848, entitled “Sutureless occular surgical methods and instruments for use in such methods.” The Plaintiff is Johns Hopkins University, and the case is C.A. No. 15-525 pending in the United States District Court for the District of Delaware.
By: Katherine E. Adams