District Court Rules on Summary Judgment Motions in Suit Brought by Femto Sex Tech Inc. against Alcon LenSx Inc.

July 5, 2017-In the United States District Court for the Central District of California, Judge Selna found both Patent no. 5720894, which covers an “ultrashort pulse high repetition rate laser system for biological tissue processing” and Patent no.8523926 which covers “devices and methods for generation of subsurface microdisruptions for biomedical applications” not infringed by Alcon LenSx Inc. The rationale provided by the court included their finding that “…the [accused product] does not direct a laser onto the surface of the eye because, although the operator must aim the laser at the eye, the laser produces subsurface changes through plasma formation and cavitation bubbles.” (page 16). Judge Selna further denied Plaintiff’s motion for summary judgment that its pulse laser patent was not unenforceable for inequitable conduct because there was a genuine dispute of material fact regarding intent. The case number is 8-15-cv-00624.

By: Namita Dhawan