InSite Vision Wins Appeal of Patent Interference Litigation Against the University of California, San Francisco
Appeal Court Ruling Was Split Decision – Two Judges For and One Against
ALAMEDA, Calif.--(BUSINESS WIRE)-- InSite Vision Incorporated (OTCBB: INSV) today announced that the U.S. Court of Appeals for the Federal Circuit affirmed by a split decision the ruling of the United States Patent and Trademark Office (USPTO) panel of judges which found in favor of the Company in its patent interference litigation with the University of California, San Francisco (UCSF), and confirmed the inventorship of InSite Vision’s U.S. Patents Nos. 6,239,113 and 6,569,443 protecting AzaSite® , AzaSite Xtra™ and AzaSite Plus™.
“We are glad that the U.S. Court of Appeals has upheld the earlier ruling by the USPTO and are hopeful that this will end this long legal contest,” said Tim Ruane, InSite Vision Chief Executive Officer. “InSite is making important progress in the late-stage clinical development of BromSite, AzaSite Plus and DexaSite, and we are focused on advancing these programs to the next stage.”
In 2009, UCSF claimed that the inventions contained in two patents were made by a former employee of the University alone and without collaboration with InSite Vision, the assignee of all the named inventors. The USPTO entered their judgment against UCSF’s claim in November 2011 and the U.S. Court of Appeals has now affirmed that judgment.
About InSite Vision
InSite Vision is advancing new ophthalmologic products for unmet eye care needs based on its innovative DuraSite platform technologies. The DuraSite and DuraSite 2® drug delivery systems extend the duration of drug retention on the surface of the eye, thereby reducing the frequency of treatment and improving the efficacy of topical drugs.
The DuraSite platform is currently leveraged in two commercial products for the treatment of bacterial eye infections, AzaSite® (azithromycin ophthalmic solution) 1%, marketed in the U.S. by Merck, and Besivance® (besifloxacin ophthalmic suspension) 0.6%, marketed by Bausch + Lomb. InSite Vision is also advancing three novel ophthalmic therapeutics through Phase 3 clinical studies: AzaSite Plus™ and DexaSite™ for the treatment of blepharitis, and BromSite™ for pain and inflammation associated with ocular surgery. For further information on InSite Vision, please visit www.insitevision.com.
This news release contains certain statements of a forward looking nature relating to future events, including the Company’s plans and prospects, the Company’s expectations regarding the litigation with UCSF, and the Company’s plans with respect to its product candidates. Such statements entail a number of risks and uncertainties, including but not limited to: the possibility that there could be further appeals of the litigation by UCSF, and the Company’s ability to continue to protect its intellectual property and to be free to operate with regard to the intellectual property of others. Reference is made to the discussion of these and other risk factors detailed in InSite Vision's filings with the Securities and Exchange Commission, including its annual report on Form 10-K and its quarterly reports on Form 10-Q, under the caption "Risk Factors" and elsewhere in such reports. Any forward-looking statements or projections are based on the limited information currently available to InSite Vision, which is subject to change. Although any such forward-looking statements or projections and the factors influencing them will likely change, InSite Vision undertakes no obligation to update the information. Such information speaks only as of the date of its release. Actual events or results could differ materially and one should not assume that the information provided in this release is still valid at any later date.
AzaSite®, DuraSite® and DuraSite 2® are registered trademarks of InSite Vision Incorporated. AzaSite Plus™, BromSite™ and DexaSite™ are trademarks of InSite Vision Incorporated.
BESIVANCE® and Bromday™ are registered trademarks of Bausch + Lomb Incorporated.
Louis Drapeau, 510-747-1220
Chief Financial Officer
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