Gyrus Group PLC - Settlement of US Litigation
25 Juni 1999 - 11:26AM
UK Regulatory
RNS No 3749p
GYRUS GROUP PLC
25 June 1999
GYRUS GROUP PLC
GYRUS ANNOUNCE SETTLEMENT OF U.S. LITIGATION
Gyrus, announces that the essential terms of a settlement of the US litigation
brought by Arthrocare in February 1998 against Ethicon Inc relating to
their importation, sale and distribution of Gyrus's arthroscopic and
hysteroscopic systems in the US market have been agreed. The systems are
manufactured by Gyrus and licensed to Ethicon Inc. Subject to execution of
a settlement agreement, Ethicon will license Arthrocare's US patents in the
arthroscopic and hysteroscopic gynaecology markets and Arthrocare will
dismiss the legal action.
Both Ethicon and ArthroCare will continue to be active in developing the
arthroscopic market. Ethicon will pay Arthrocare a license fee and ongoing
royalties on sales in the United States of certain arthroscopic and
gynaecological products. The settlement agreement will also establish a
procedure for resolution of certain intellectual property disputes in these
two markets without resorting to litigation. Additional terms of the
settlement agreement were not disclosed.
The settlement of the US litigation will remove what could have been a
significant risk to Gyrus's future growth and has simultaneously provided a
much stronger barrier to other competitors seeking to enter the market. With
impending resolution of this issue, Gyrus ran now confidently move forward in
developing additional markets and alliances.
In a separate agreement, Gyrus and Ethicon will share the costs of settlement
including ongoing royalties on a proportional basis, comparable to their
respective sharing of sales revenue. Gyrus will make a one-off charge of
approximately #0.9M against the costs related to settling the litigation in
the current financial year ending 301h June, 1999. Other aspects of the
agreement include an extension of Gyrus's manufacturing exclusivity for the
US market. Gyrus and Ethicon are also negotiating terms to support a more
aggressive product development program for both the arthroscopic and
hysteroscopic product lines.
The first arthroscopic system was launched by Gyrus and Ethicon's Mitek
subsidiary in the second quarter of 1997, since when Gyrus has sold more than
250,000 electrodes. Two new electrode forms were introduced during 1998 and a
small diameter form is due to be launched shortly, with the aim of maximising
revenue from an installed generator base now exceeding 2,500 units in the US and
Europe.
In the first half of the current financial year, Gyrus was able to report a 135%
leap in product sales (#4 million from #1.7 million), along with a sharp drop
in pre-tax losses (#0.9 million from #1.9 million). Despite the settlement
costs, cash reserves are sufficient to reach profitability. Cash burn has been
reduced significantly over the second half of the year, with net cash flow now
approaching a neutral position.
Gyrus has been at the leading edge of an evolution in the surgical treatment of
diseases using minimal access techniques for the last five years. P1asmaKinetic
surgery - the name given to the application of their new radio-frequency energy
delivery technology - can be uniquely controlled to remove and modify body
tissues using minimal access techniques. This novel surgical procedure will
transform treatment for a variety of routine conditions and often in an
outpatient environment with no need for a hospital stay. Rapid recovery, safety
and cost effiectiveness give use of this technique major advantages in
comparison to conventional open surgery.
In addition to the arthroscopic and hysteroscopic market applications for
Gyrus's PlasmaKinetic technology, the third niche market centres on urological
surgery and the management of prostatic diseases in particular (Gyrus
Endourology System). Gyrus is undertaking the challenging task of developing its
own market presence in this sector and has appointed a direct sales force in the
UK with country managers running distribution in Spain, France and Italy. A
510(k) has been submitted and approval is awaited prior to moving to the next
stage of discussions with potential US partners.
Independent figures predict that the world-wide market in this niche will grow
significantly. Currently estimated $150 million p.a. future growth will be
driven by (a) an ageing population and (b) the introduction of an improved
surgical treatment competitively positioned against the higher long-term cost
of continuous control using pharmaceutical management.
Gyrus employs 190 people at its headquarters and manufacturing plant near
Cardiff, Wales. The plant includes a 3,000sq. ft. Class 10,000 Clean Room
where the single use disposables for use with PlasmaKinetic systems are
produced. Plans to develop an adjacent site - which will increase production
capacity significantly from January 2000 - have been approved and the company
is now moving into its next rapid scale up phase.
Gyrus Group PLC has its UK headquarters at Gyrus Group PLC., Fortran Road, St
Mellons, Cardiff, Wales CF3 OLT. Tel: (01222) 300100, fax: (01222) 300101. You
can also visit the company on the web at: www.gyrus.co.uk
Enquiries
* Shareholders, Brokers, Analysts, etc
GYRUS GROUP PLC
Dr Mark Goble, Managing Director, or
John Bradshaw, Finance Director
Tel. (01222) 300100
Fax: (01222) 300101
* Press
JEAN GARON PR
Jean Garon or Linda Hicks
Tel: (01628) 483040
Fax: (01628) 486796
END
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