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.
Contacts:
Synergetics USA, Inc.
Pamela G. Boone, Chief Financial Officer,
636-939-5100
http://www.synergeticsusa.com
