OCULAR THERAPEUTIX, INC

From time to time, we may become involved in various lawsuits and legal proceedings which arise in the ordinary course of business. However, litigation is subject to inherent uncertainties, and an adverse result in these or other matters may arise from time to time that may harm our business.

EyePoint Litigation

On March 20, 2026, plaintiff EyePoint, Inc., which we refer to as EyePoint, filed a lawsuit against us in Middlesex County Superior Court of Massachusetts. The plaintiff alleged that we had made certain false and defamatory statements about EyePoint and its DURAVYU product candidate. The complaint asserted counts of (1) defamation; (2) commercial disparagement; (3) unfair or deceptive practices in violation of Massachusetts General Laws c. 93A, §§ 2, 11; and (4) tortious interference with advantageous business relations. The plaintiff sought, among other things, injunctive relief, damages, and attorneys’ fees.

On March 23, 2026, EyePoint filed a Motion for Temporary Restraining Order and Preliminary Injunction, seeking, among other things, to enjoin the Company from disseminating allegedly false and misleading statements. On April 13, 2026, the court denied the plaintiff’s motion for temporary restraining order. A hearing on the plaintiff’s motion for preliminary injunction was held on May 5, 2026, and July 7, 2026. On August 21, 2026, the court issued an order denying EyePoint’s motion for preliminary injunction.

On October 30, 2026, we entered into a settlement agreement with EyePoint that fully resolved EyePoint’s claims, or the Settlement Agreement. The Settlement Agreement contains a mutual release of claims and no financial obligation on behalf of either party other than to pay its own attorney’s fees and costs. Pursuant to the terms of the Settlement Agreement, on October 30, 2026, EyePoint filed a Joint Stipulation of Dismissal with Prejudice with the Middlesex County Superior Court of Massachusetts, dismissing the action and all claims with prejudice and with each party bearing its own attorneys’ fees, costs, and expenses, and with all rights of appeal waived.