VISICU Patent Update

  
    
  
  
    
      VISICU, Inc. (Nasdaq:EICU), a healthcare information technology and 
      clinical solutions company focused on transforming the delivery of care 
      to the highest acuity patients in the hospital, today announces that it 
      has recently completed a series of steps it believes will lead to a 
      conclusion of the second reexamination of the VISICU patent.
    
    
      A second reexamination request was recently filed in the US Patent and 
      Trademark Office (USPTO) that cited some new references for 
      consideration by the examiner. These references have now been considered 
      and discussed with the reexamination panel and the USPTO is in the 
      process of reaching its decision on the claims of the VISICU patent. 
      Upon reaching its decision, the USPTO will place the final results of 
      the reexamination on its web site making it accessible to the public. 
      The web site can be reached at www.uspto.gov; 
      click on "Patents"; then click on "View in PAIR"; then click on "Public 
      PAIR"; the control number for the reexamination is: 90/008,276, and 
      documents can be found under the "Image File Wrapper" tab.
    
    
      According to Frank T. Sample, VISICU’s 
      Chairman and CEO, “There has been 
      much unwarranted hype over the most recent reexamination of our patent. 
      We want the public to know that we have done everything that is required 
      to respond to the second reexamination including: (1) analyzing 
      thoroughly the references that have been cited; (2) meeting with the 
      reexamination panel at the USPTO; and (3) aggressively preparing a 
      response to the USPTO (including an amendment to clarify the claims), 
      which has already been filed, in line with understandings reached with 
      the examiners. In fact, upon completion of this process, these 
      additional references that have been considered by the examiners only 
      make the claims of the VISICU patent stronger. We are confident in the 
      reexamination process and its ultimate outcome.”
    
    
      About VISICU, Inc.
    
    
      VISICU, Inc. is a healthcare information technology and clinical 
      solutions company transforming the delivery of critical care through its 
      eICU Program. The eICU Program restructures the practice of critical 
      care by using remote monitoring technology to allow systems to 
      centralize scarce critical care trained staff to improve coverage and to 
      allow intervention to prevent or manage crises. For more information, 
      visit www.VISICU.com. VISICU® 
      and eICU® are registered trademarks of VISICU, 
      Inc. All rights reserved. visicu-g
    
    
      Safe Harbor Statement
    
    
      This release contains forward-looking statements that are made pursuant 
      to the provisions of Section 21E of the Securities Exchange Act of 1934, 
      as amended. These forward-looking statements involve a number of risks 
      and uncertainties. Investors are cautioned that statements in this press 
      release that are not strictly historical statements constitute 
      forward-looking statements. It is important to note that the company’s 
      performance, and actual results, financial condition or business could 
      differ materially from those expressed in the forward-looking 
      statements. The words “outlook”, 
      “positions us”, “guidance”, 
      “expects”, “estimates”, 
      “intends”, “plans”, 
      “projects”, “anticipates”, 
      “believes” or the 
      negative of these words, variations thereof or similar expressions are 
      intended to identify such forward-looking statements. Factors that could 
      cause or contribute to such differences include, but are not limited to: 
      market acceptance of the company’s principal 
      product offering and any new product releases, the performance and 
      reliability of our products and services, the company’s 
      ability to attract and retain new customers, renewal rates of the company’s 
      existing customers, financial and budget constraints of hospitals, 
      changes in the company’s or competitors’ 
      pricing practices, quarterly operating results may vary, stock price may 
      be volatile, changes in the healthcare industry, the introduction or 
      availability of competing products or services and other competitive 
      factors, changes in the government regulation of our products and 
      services, and the possibility of unfavorable outcomes in regulatory and 
      legal proceedings relating to VISICU's patent that are pending currently 
      or that could be initiated in the future. Additional discussion of these 
      and other factors affecting the company’s 
      business is contained in the company’s 
      periodic filings with the Securities and Exchange Commission. The 
      company undertakes no obligation to update forward-looking statements to 
      reflect changed assumptions the occurrence of unanticipated events or 
      changes in future operating results, financial condition or business 
      over time.