Saliva Diagnostic Systems Inc. Receives Favorable Ruling in Patent Infringement Litigation with Chembio Diagnostic Systems Inc.
October 03 2005 - 4:54PM
PR Newswire (US)
Saliva Diagnostic Systems Inc. Prevails in Disputed Definitions
FRAMINGHAM, Mass., Oct. 3 /PRNewswire-FirstCall/ -- Saliva
Diagnostic Systems Inc. (OTC:SVAD) (BULLETIN BOARD: SVAD) , a
manufacturer and marketer of rapid tests for infectious diseases,
today announced that it received a favorable ruling in connection
with litigation brought against it by Chembio Diagnostic Systems
Inc. (OTC:CEMI) (BULLETIN BOARD: CEMI) in the UNITED STATES
DISTRICT COURT EASTERN DISTRICT OF NEW YORK Case Number
2:04-cv-01149-JS-ETB. On September 27, 2005 the Hon. Joanna
Seybert, issued her Claim Construction Ruling on the interpretation
of the patent claims in the suit. The Court ruled that SDS' broader
interpretation of SDS' patent claims was correct, and rejected
Chembio's arguments seeking to narrow coverage afforded by SDS'
'864 patent. Chembio originally brought the suit seeking a ruling
that its Sure Check device does not infringe SDS' patent, as well
as other relief. SDS has countersued for patent infringement. With
the broad scope of the '864 patent now established, SDS will seek
an expedited Court schedule for remaining proceedings to recover
damages and to enjoin Chembio from selling or offering for sale the
Chembio Sure Check device. SDS considers this a major victory in
the matter. Saliva Diagnostic Systems Inc. was represented in its
lawsuit by Jeffrey Kaplan Esq. of the law firm of KAPLAN, GILMAN,
GIBSON & DERNIER, L.L.P. Woodbridge, New Jersey. About Saliva
Diagnostic Systems (SDS) (OTC:SVAD) (BULLETIN BOARD: SVAD) Saliva
Diagnostic Systems manufactures and markets a patented rapid point
of care testing device for infectious diseases, as well as oral
fluid specimen collection devices using a patented volume adequacy
indicator for drugs of abuse testing and other clinical uses. These
products are sold in the United States as well as internationally
to various distributors for use in clinical laboratories,
hospitals, clinics, community-based organizations and other public
health organizations. Please visit our website at
http://www.salv.com/ FORWARD-LOOKING STATEMENTS Statements
contained herein that are not historical facts are forward- looking
statements within the meaning of the Securities Act of 1933, as
amended. Those statements include statements regarding the intent,
belief or current expectations of the Company and its management.
Such statements reflect management's current views, are based on
certain assumptions and involve risks and uncertainties. Actual
results, events, or performance may differ materially from the
above forward-looking statements due to a number of important
factors, and will be dependent upon a variety of factors,
including, but not limited to, the Company's ability to obtain
additional financing and the demand for the Company's products. The
Company undertakes no obligation to publicly update these
forward-looking statements to reflect events or circumstances that
occur after the date hereof or to reflect any change in the
Company's expectations with regard to these forward-looking
statements or the occurrence of unanticipated events. Factors that
may impact the Company's success are more fully disclosed in the
Company's most recent public filings with the U.S. Securities and
Exchange Commission ("SEC"). DATASOURCE: Saliva Diagnostic Systems
Inc. CONTACT: Steve Peltzman, CEO of Saliva Diagnostic Systems,
Inc., +1-508-872-2625 Web site: http://www.salv.com/
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