Advanced Medical Optics Wins Patent Infringement Suit Against Alcon
May 06 2005 - 6:53PM
PR Newswire (US)
Advanced Medical Optics Wins Patent Infringement Suit Against Alcon
Jury Awards Damages of $94.8 Million and Finds Willfulness SANTA
ANA, Calif., May 6 /PRNewswire-FirstCall/ -- Advanced Medical
Optics, Inc. (AMO) (NYSE:AVO), announced today that it has won its
case against Alcon Manufacturing, Ltd. and Alcon Laboratories, Inc.
for infringement on two AMO patents for phacoemulsification
equipment used during cataract surgery. (Logo:
http://www.newscom.com/cgi-bin/prnh/20050324/AMOLOGO) AMO was
awarded $94.8 million in damages and will seek a permanent
injunction, prohibiting Alcon from selling equipment with the
features that infringed AMO's patents. The jury also found that the
infringement by Alcon on these patents was willful. On December 3,
2003, AMO filed a complaint in the U.S. District Court for the
District of Delaware against Alcon Manufacturing, Ltd. and Alcon
Laboratories, Inc. for infringement of U.S. Patent Nos. 5,700,240
('240 Patent) relating to Occlusion Mode(TM) and 6,059,765 ('765
Patent) relating to a fluidics management system. AMO alleged that
Alcon's Infiniti(R) infringed the '765 patent and the Infinity(R)
and the Series 20000 AdvanTec(TM) and Everest(TM) Legacy(R)
phacoemulsification machines infringe the '240 patent. "We're
obviously pleased with the jury's decision, which demonstrates the
importance of taking the appropriate steps to protect intellectual
property," said AMO Corporate Vice President and Chief Marketing
Officer Russ Trenary. "AMO's customers, shareholders and employees
value the importance we place on investing a great deal of
resources to develop new ophthalmic technologies that optimize the
quality of life for people of all ages. AMO customers doing
phacoemulsification procedures will continue to enjoy the benefits
of our occlusion mode technology, which offers an automatic, safe,
and cool means of clearing occlusions at the phaco tip.
Additionally, our patented means of purging air through our phaco
pack, which allows for better chamber stability during the
procedure, will in the future only be featured on AMO machines."
About Advanced Medical Optics (AMO) AMO is a global leader in the
development, manufacturing and marketing of ophthalmic surgical and
eye care products. The company focuses on developing a broad suite
of innovative technologies and devices to address a wide range of
eye disorders. Products in the ophthalmic surgical line include
intraocular lenses, phacoemulsification systems, viscoelastics,
microkeratomes and related products used in cataract and refractive
surgery. AMO owns or has the rights to such ophthalmic surgical
product brands as ReZoom(TM), Phacoflex(R), Clariflex(R), Array(R),
Sensar(R), CeeOn(R), Tecnis(R) and Verisyse(TM) intraocular lenses,
Sovereign(R) and Sovereign(R) Compact(TM) phacoemulsification
systems with WhiteStar(TM) technology, Amadeus(TM) and Amadeus(TM)
II microkeratomes, Healon(R) and Vitrax(R) viscoelastics, and the
Baerveldt(R) glaucoma shunt. Products in the contact lens care line
include disinfecting solutions, daily cleaners, enzymatic cleaners
and lens rewetting drops. Among the contact lens care product
brands the company possesses are COMPLETE(R) Moisture PLUS(TM),
COMPLETE(R) Blink-N-Clean(R), Consept(R)F, Consept(R) 1 Step,
Oxysept(R) 1 Step, UltraCare(R), Ultrazyme(R), Total Care(R) and
blink(TM) branded products. Amadeus is a licensed product of, and a
trademark of, SIS, Ltd. OptiEdge(TM) is a registered trademark of
Ocular Sciences. AMO is based in Santa Ana, California, and employs
approximately 3,000 worldwide. The company has operations in about
20 countries and markets products in approximately 60 countries.
For more information, visit the company's Web site at
http://www.amo-inc.com/. Forward-Looking Statements This press
release contains forward-looking statements about AMO and its
business such as Mr. Trenary's statements and statements about
AMO's anticipated motions for injunctive relief. Any statements in
this press release that refer to AMO's estimated or anticipated
future results are forward-looking statements. All forward-looking
statements in this press release reflect AMO's current analysis of
existing trends and information and represent AMO's judgment only
as of the date of this press release. Actual results may differ
from current expectations based on a number of factors affecting
AMO's business, including but not limited to a possible appeal of
the award, post-trial motions relating to the jury award that might
modify the award, collectability of the damages awarded,
uncertainties relating to permanent injunctive relief pending
appeal, unpredictable competitive, regulatory and market
conditions; risks of technology development failures and product
feasibility; the execution of strategic initiatives; the
uncertainties associated with intellectual property protection for
these products; and the risks of not meeting the regulatory and
other conditions necessary to close the planned acquisition.
Therefore, the reader is cautioned not to rely on these
forward-looking statements. AMO disclaims any intent or obligation
to update these forward-looking statements. Additional information
concerning these and other risk factors may be found in previous
financial press releases issued by AMO. AMO's public periodic
filings with the Securities and Exchange Commission, including the
discussion under the heading "Certain Factors and Trends Affecting
AMO and its Businesses" in AMO's 2005 Form 10-Q filed in April 2005
include information concerning these and other risk factors. Copies
of press releases and additional information about AMO are
available at http://www.amo-inc.com/, or you can contact the AMO
Investor Relations Department by calling 714-247-8348. Advanced
Medical Optics, Inc. Investors: Sheree Aronson (714) 247-8290
Media: Steve Chesterman (714) 247-8711
http://www.newscom.com/cgi-bin/prnh/20050324/AMOLOGO
http://photoarchive.ap.org/ DATASOURCE: Advanced Medical Optics,
Inc. CONTACT: Investors, Sheree Aronson, +1-714-247-8290, , or
Media, Steve Chesterman, +1-714-247-8711, , both of Advanced
Medical Optics, Inc. Web site: http://www.amo-inc.com/
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