Roche Legal Action
27 September 2005 - 1:59PM
UK Regulatory
RNS Number:8098R
Medisys PLC
27 September 2005
For Immediate Release 27 September
2005
Medisys PLC
("Medisys" or "the Company")
Roche Complaint for Patent Infringement
Court Makes Favourable Finding on 609 Patent Claim Construction
Medisys announces that the US District Court (Southern District of Indiana
Indianapolis Division) has issued an Order on Claim Construction (the "Order")
for US Patent Number 5,366,609 (the "609 Patent") in Roche's Complaint for
Patent Infringement filed in February 2004 against Hypoguard (along with certain
other defendants) in respect of the Assure products.
The 609 Patent is the remaining patent in issue following the Courts prior
ruling in June of this year that the other patent that Roche claimed was being
infringed was unenforceable as a result of inequitable conduct before the US
Patent and Trademark Office during the prosecution of that patent.
The Order sets out how the Court has determined that the terms used in the 609
Patent shall be construed in an infringement trial to determine whether the
product in issue (being Assure 3 in the case of Hypoguard) actually infringes
the 609 Patent. Under the Court's timetable, such an infringement trial is
currently scheduled to take place in the latter part of 2006. However, based
upon the Order, Hypoguard now plans to file a motion to ask the Court to dismiss
Roche's Complaint on the basis that by applying the Court's claim construction,
no reasonable jury could find that the Assure 3 product infringes the 609
Patent.
The Board is pleased with the Court's findings in relation to the construction
of the 609 Patent claims and remains confident of a successful outcome to this
litigation, without cost to Medisys. To date, all costs associated with
Hypoguard's defence of the claims have been paid by Apex (the manufacturer of
the Assure, Assure II and Assure 3 products) under the terms of an indemnity
given by Apex.
- Ends -
Enquiries:
Medisys PLC 01394 446 717
Michael Barry, Chief Financial Officer
Weber Shandwick Square Mile 020 7067 0700
Kevin Smith/John Moriarty
This information is provided by RNS
The company news service from the London Stock Exchange
END
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