Alcon Eye Care UK Limited & Anor. v Amo Development, LLC

Alcon Eye Care UK Limited & Anor. v Amo Development, LLC

Both patents are invalid for obviousness over Mühlhoff. The combination of a femtosecond laser and OCT imaging system for anterior capsulotomy and lens fragmentation was obvious to the skilled team in light of Mühlhoff's teaching, common general knowledge, and the explicit suggestion to apply the invention to incisions in the lens. The step to use OCT imaging in advance to guide laser incisions was modest and within the capabilities of the skilled team. If not obvious, both patents would be insufficient as the skilled team could not implement the invention without undue burden.

Parties
Claimant: Alcon Eye Care UK Limited; Claimant: Alcon Inc.; Defendant: AMO Development, LLC
Jurisdiction
England and Wales
Judgment Date
26 April 2022
Procedural Posture
Patent Revocation and Infringement / Final Judgment
Outcome
Both patents EP(UK) 1 835 861 B2 and EP(UK) 2 548 528 B1 are invalid for obviousness (and, if not, for insufficiency).
Legal Topics
Patent Validity, Obviousness, Insufficiency, Laser Ophthalmic Surgery, Imaging Systems, Femtosecond Lasers, Optical Coherence Tomography (oct)
Intellectual Property Patent Law Patent Validity Obviousness Insufficiency Laser Ophthalmic Surgery Imaging Systems Femtosecond Lasers +1 more

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Parties

Alcon Eye Care UK Limited

Claimant

Alcon Inc.

Claimant

AMO Development, LLC

Defendant

Procedural Posture

Patent Revocation and Infringement / Final Judgment

Legal Issues

  1. 1 Whether EP(UK) 1 835 861 B2 and EP(UK) 2 548 528 B1 are invalid for obviousness or insufficiency
  2. 2 Whether the patents are obvious over Freedman and Mühlhoff prior art
  3. 3 Whether the patents are insufficient for lack of enablement

Ratio Decidendi

Both patents are invalid for obviousness over Mühlhoff. The combination of a femtosecond laser and OCT imaging system for anterior capsulotomy and lens fragmentation was obvious to the skilled team in light of Mühlhoff's teaching, common general knowledge, and the explicit suggestion to apply the invention to incisions in the lens. The step to use OCT imaging in advance to guide laser incisions was modest and within the capabilities of the skilled team. If not obvious, both patents would be insufficient as the skilled team could not implement the invention without undue burden.

Court Disposition

Both patents EP(UK) 1 835 861 B2 and EP(UK) 2 548 528 B1 are invalid for obviousness (and, if not, for insufficiency).

Orders

  • EP(UK) 1 835 861 B2 and EP(UK) 2 548 528 B1 revoked
  • Time for filing Appellant’s Notice not to run until further hearing