Ivantis and Glaukos are no-doubt rivals in the Minimally Invasive Glaucoma Surgical space. The two companies’ technologies went head-to-head in the COMPARE study in 2019 and up until recently, both were in a patent spat.
Now, Ivantis will pay Glaukos $60 million to settle the dispute. Irvine, CA-based Ivantis will also pay Glaukos a 10% ongoing royalty through April 26, 2025, based on Ivantis’ Hydrus Microstent U.S. sales and any international sales supplied out of the U.S. Further, the parties have agreed to mutual licenses and covenants not to sue on the Hydrus and iStent® technologies.
In accordance with the settlement, the parties will submit a joint request to stay the pending litigation, which had been scheduled for trial beginning on Sept. 28, 2021, and dismiss it upon receipt of the first upfront payment.
Glaukos filed the patent lawsuit in April of 2018, according to a Security and Exchange Commission filing.
"Although we have always believed our pioneering technology does not infringe any valid claim of any of Glaukos' patents, we are pleased to put this distraction behind us. Given the upward trajectory of our business and the rapidly increasing adoption of Hydrus in the market, we are fortunate to be in a position to be able to readily absorb this settlement as we continue bringing our best-in-class MIGS technology to our customers and their patients," said Dave Van Meter, president and CEO of Ivantis.
Ivantis’ Hydrus Microstent won FDA approval in 2018.
“Since our founding in 1998, Glaukos has invested considerable time and resources to develop novel technologies that have pioneered an entirely new treatment category for glaucoma surgeons and their patients,” said Thomas Burns, Glaukos president and chief executive officer. “We remain confident in the strength of our robust intellectual property portfolio and believe this settlement allows us to focus our full attention and resources on executing our long-term growth strategy by bringing transformative new technologies to the market for the benefit of patients worldwide.”
Glaukos has been the frontrunner of the MIGS market. Glaukos launched the iStent Trabecular Micro Bypass Stent, its first MIGS device, in the U.S. in July 2012.
Most recently, the San Clemente, CA-based company submitted a supplemental PMA application to FDA for its latest MIGS device - the iStent Infinite System.
The device is designed to reduce elevated intraocular pressure (IOP) in patients with open-angle glaucoma uncontrolled by prior surgical or medical therapy. In its most recent earnings call, Glaukos said it was expecting FDA approval of the device around the end of this year.