(Source: Business Wire)

Conceptus, Inc. (Nasdaq:CPTS), developer of the EssureĀ®
procedure, the first proven non-incisional permanent birth control
method available, today announced that it has acquired Ovion
intellectual property rights from American Medical Systems Holdings,
Inc. (Nasdaq: AMMD) (AMS) for a cash purchase price of $23.6 million.
The intellectual property rights acquired in the transaction include all
patents and intellectual property associated with the Ovion business
acquired by AMS in 2005. In addition, AMS has released Conceptus from
any future royalty obligations under the 2003 Settlement Agreement
between Ovion and Conceptus.
Under the 2003 Settlement Agreement, Conceptus had been making royalty
payments to AMS equal to 3.25% of the Company's Essure sales.
Following this acquisition, the Company will no longer owe these royalty
payments. Commencing with the fourth quarter of 2009, Conceptus will
amortize the cost of the intangible assets acquired over the remaining
life of the patents, which is approximately eight years. The
amortization of intangible assets is expected to be less than the
previous royalty payments, making this transaction accretive for
Conceptus. The Company anticipates recording a benefit of $0.05 per
fully diluted share in the third quarter of 2009 as a result of the
acquisition due to the release of the Company's royalty obligations
under the 2003 Settlement Agreement. Other than as discussed above, the
Company is not updating or commenting on its financial guidance for the
third quarter or full year 2009 at this time.
"This is a well-timed acquisition that further solidifies our ownership
of intellectual property around the Essure procedure and
increases our freedom to develop the next generation Essure
product," commented Mark Sieczkarek, president and chief executive
officer of Conceptus. "The transaction also has a strong financial
rationale, as we expect it will lead to immediate increases in gross
profit margin and earnings per share."
About the EssureĀ® Procedure
The Essure procedure is a permanent birth control method that can
be done in the comfort of a physician's office in about 13 minutes
(average hysteroscopic procedure time) without hormones, cutting,
burning or the risks associated with general anesthesia or tubal
ligation. Small, flexible micro-inserts are placed in the woman's
fallopian tubes through the cervix without incisions. Over the next
three months, the body forms a natural barrier around the micro-inserts
to prevent sperm from reaching the egg.