Ocular Therapeutix (NSDQ:OCUL) announced today that an appeals court invalidated a drug delivery system patent held by Mati Therapeutics.
The U.S. Court of Appeals for the Federal Circuit in Washington, D.C., invalidated the patent related to a drug delivery system containing dexamethasone, affirming the judgment made in June 2020 by the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office.
According to a news release, the PTAB decision followed an inter partes review that determined Ocular Therapeutix had proven that all 23 claims of U.S. Patent 9,849,082 B2 (the ‘082 patent), owned by Mati are invalid due to “obviousness.” Mati had previously claimed that Ocular Therapeutix’s first commercial drug product, Dextenza, and its hydrogel platform, had infringed the ‘082 patent.
Mati may seek further review for the recent judgment and has additional patents that may relate to Dextenza or future products Ocular may develop in the future. Still, Ocular said it believes Mati’s patents would be non-infringed or subject to one or more claims of invalidity.
Bedford, Massachusetts-based Ocular Therapeutix designed the FDA-approved Dextenza to treat ocular inflammation and pain following ophthalmic surgery and ocular itching associated with allergic conjunctivitis. The treatment is a corticosteroid intracanilicular insert placed in the punctum and designed to deliver dexamethasone to the ocular surface for up to 30 days without preservatives. Dextenza resorbs and exits the nasolacrimal system without the need for removal.
“This court decision validates our strategy to rigorously defend and protect our innovative products, including Dextenza,” Ocular Therapeutix CEO Antony Mattesich said in the release. “We have long believed that Mati’s patent was invalid. We are pleased that the Federal Circuit Court of Appeals has agreed by affirming the judgment of the PTAB.”
