Rochester Medical Extends Marketing and Sales Agreement and Enters Into a Common Interest and Defense Agreement With Hollister I
September 21 2004 - 10:01AM
PR Newswire (US)
Rochester Medical Extends Marketing and Sales Agreement and Enters
Into a Common Interest and Defense Agreement With Hollister
Incorporated STEWARTVILLE, Minn., Sept. 21 /PRNewswire-FirstCall/
-- Rochester Medical (NASDAQ:ROCM) announced today that it has
entered into a common interest and defense agreement with Hollister
Incorporated (Hollister) related to the sale of the Company's
silicone Hydrophilic Intermittent Catheters in Europe. Concurrently
Rochester Medical and Hollister have revised and extended the
Marketing and Sales Agreement under which Rochester Medical
supplies Hollister with the Hydrophilic catheters for resale under
Hollister's own brand. Coloplast A/S (Coloplast) has commenced suit
against Hollister in the United Kingdom alleging that the
Hydrophilic Catheter packaging configuration infringes Coloplast's
European Patent EP 0 923 398 B1 and its national counterparts, and
Coloplast has stated its intention to pursue similar actions for
patent infringement in other European Union countries. Rochester
Medical believes the patent which Coloplast claims is infringed
will be ultimately deemed invalid by the European Patent Office
and/or national courts based on prior art and obviousness.
Coloplast's U.S. patent application was denied by the U.S. Patent
Office for reasons of prior art and obviousness. Under the common
interest agreement, Hollister will have control of all litigation
and Rochester Medical will share with Hollister the expense of that
litigation. Rochester Medical Corporation also sells its silicone
Hydrophilic Catheters in Europe under its own Rochester Medical
brand. Although Rochester Medical and Coloplast have discussed the
patent at issue, Coloplast has not commenced suit against Rochester
Medical but has reserved its rights to do so. While Rochester
Medical is reasonably confident that the European packaging patent
will be deemed invalid, it is nonetheless designing an alternative
packaging configuration. Commenting on the patent situation
Rochester Medical Corporation CEO and President Anthony J. Conway
said, "The Coloplast suit will have the net effect of only
temporarily slowing the introduction of our superior silicone
hydrophilic technology in the large European Market. "The patent at
issue does not claim to cover our advanced silicone Hydrophilic
Technology; it relates only to common packaging configurations. I
believe it is unlikely that the patent will be considered valid,
but in any case we are preparing to modify our packaging
configuration if that should become necessary as a result of
rulings by any European tribunal. In the meantime our introduction
of the product in certain European countries has been hindered, and
the revenue growth expected from European sales has been
temporarily affected. The revenue growth impact occurs during the
current quarter and is quite likely to continue over the next two
quarters. We expect to be profitable during this time, but expected
sales growth from our superior technology in the $130 million
dollar European Intermittent catheter market will be temporarily
slowed. "While addressing this circumstance, I am pleased to
announce that Rochester Medical and Hollister have also agreed to
revise and extend their Marketing and Sales Agreement for
Hydrophilic Intermittent Catheters from three years to five years
for the European Market. Hollister will continue to purchase its US
and European requirements for Hydrophilic Catheters from Rochester
Medical for the original 3 year US term and for the extended 5 year
European term. I am also pleased to announce that the early
response to our Hydrophilic technology from patients and clinicians
in Europe is very positive, confirming our belief that the product
will be a success for our company and a great benefit to
Intermittent Catheter users." The immediately preceding statement
contains forward-looking statements that involve risks and
uncertainties, including the uncertainty of gaining acceptance of
the hydrophilic catheters in the marketplace, the uncertainty of
new product introductions, the uncertainty of gaining new strategic
relationships, the uncertainty of timing of private label sales
revenues (particularly international customers), FDA and other
regulatory review and response times, as well as other risk factors
listed from time to time in the Company's SEC reports and filings,
including, without limitation, the section entitled "Risk Factors"
in the Company's Annual report on Form 10-K (Part II, Item 6) for
the year ended September 30, 2003. Rochester Medical Corporation
develops, manufactures, and markets latex-free disposable medical
catheters and devices for urological and continence care
applications. The Company markets under its own Rochester
Medical(R) brand and under existing private label arrangements. For
further information, please contact Anthony J. Conway, President
and Chief Executive Officer of Rochester Medical Corporation at
(507) 533-9600. More information about Rochester Medical is
available on its website at http://www.rocm.com/ . DATASOURCE:
Rochester Medical Corporation CONTACT: Anthony J. Conway, President
and Chief Executive Officer of Rochester Medical Corporation,
+1-507-533-9600 Web site: http://www.rocm.com/
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