(Source: Business Wire)
Synergetics USA, Inc. (NASDAQ: SURG), a leading medical device company
that designs, manufactures, and markets innovative microsurgical
instruments and other devices, today announced that the lawsuit filed by
Alcon Research, Ltd. against the Company in the Northern District of
Texas, Case No. 4-08CV-609-Y has been stayed in its entirety until both
of the patents at issue have completed re-examination in the United
States Patent and Trademark Office ("PTO"). This lawsuit alleges
infringement of United States Patents No. 5,603,710 and 5,318,560, as
well as infringement of three Alcon-owned trademarks*, namely Alcon®,
Accurus® and Greishaber®. The Court found that the
stay would not prejudice or be a tactical disadvantage for Alcon and
that the stay may allow the re-examination to simplify or eliminate the
issues in question. The PTO has stated in its Ex
Parte Re-examination Filing Data as of June 30, 2009, an
average re-examination by the PTO takes approximately 25 months to
complete. In addition, 75 percent of the time the patent's original
claims are either canceled or changed.
"We are pleased with the Court's findings in this case as it is unlikely
that this lawsuit will have a significant impact on our financial
position or be a further drain on our resources in the near future, if
ever," commented David Hable, President and Chief Executive Officer of
Synergetics USA.
* Alcon®, Accurus® and Greishaber® are
the property of or licensed by Alcon, Inc. or one of its subsidiaries.
About Synergetics USA, Inc.
Synergetics USA, Inc. is a medical device company. Through continuous
improvement and development of our people, our mission is to
design, manufacture and market innovative microsurgical instruments,
accessories and disposables of the highest quality in order to assist
and enable microsurgeons around the world to provide a better quality of
life for their patients. The Company's primary focus is on the
microsurgical disciplines of ophthalmology and neurosurgery. Our
distribution channels include a combination of direct and independent
sales organizations and important strategic alliances with market
leaders. The Company's product lines focus on precision engineered,
microsurgical, hand-held instruments and the microscopic delivery of
laser energy, ultrasound, electrosurgery, illumination and irrigation,
often delivered in multiple combinations.
Forward-Looking Statements
Some statements in this release may be "forward-looking statements"
for the purposes of the Private Securities Litigation Reform Act of
1995. In some cases forward-looking statements can be identified by
words such as "believe," "expect," "anticipate," "plan," "potential,"
"continue" or similar expressions. Such forward-looking statements
include risks and uncertainties, and there are important facts that
could cause actual results to differ materially from those expressed or
implied by such forward-looking statements. These facts, risks
and uncertainties are discussed in Synergetics' Annual Report on Form
10-K for the year ended July 31, 2008, as updated from time to time in
our filings with the Securities and Exchange Commission.
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