Advanced medical Optics (NYSE:AVO)
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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/