In Princeton Ophthalmic, LLC v. Corinthian Ophthalmic, Inc., No. 14-cv-05485 (PGS), 2017 BL 364534 (D.N.J. Oct. 10, 2017), the United States District Court for the District of New Jersey denied both Princeton Ophthalmic (“Plaintiff’s”) partial motion for summary judgment as to the first and third elements of section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule 10(b)(5) promulgated thereunder and Corinthian Ophthalmic, board members Drs. Ianchulev and Packer, and Corinthian CEO Mr. Ballou’s (“Defendant’s”) motion for summary judgment on Plaintiffs entire securities fraud complaint. The court denied the motions on the grounds there were genuine disputes of material facts concerning the Defendants’ misrepresentation of or lack of disclosure of the engineering capabilities of its ocular drug delivery device, the WHISPER.

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