MDY Mdy Healthcare

RNS Number:1243Y
Medisys PLC
29 April 2004


Embargoed until 0700                                           29 April 2004

                                  Medisys PLC
                           ("Medisys" or "the Group")

 Roche Diagnostics Corporation Patent Infringement Complaint Against Hypoguard
                       USA, Inc. (the "Roche Complaint")


Further to the update given at Medisys' AGM on 3 March 2004 in relation to the
Roche Complaint, Medisys confirms that Hypoguard has now filed an answer to the
Roche Complaint with the Indianapolis Division of the US District Court.

The answer outlines Hypoguard's defence to the Roche Complaint based upon three
separate heads.  Firstly that the glucose monitoring products in question do not
operate in such a way that would infringe any valid claim contained in Roche's
patents.  Secondly that the two patents that Roche alleges are infringed are not
valid owing to a failure to comply with the applicable US requirements for
patentability.  Lastly that one of the patents in issue is unenforceable because
of the inequitable conduct of the inventors in their dealings with the official
examiner during the prosecution of the patent with US Patent and Trademark
Office.

Hypoguard has also filed a counterclaim against Roche for a declaration by the
Court that both the patents in issue are not and have not been infringed and are
invalid and that one of the patents in issue is unenforceable.

Background:  On 3 March 2004 Medisys announced that Hypoguard, the Group's
diagnostics division, has been named as one of four defendants in a Complaint
For Patent Infringement made by Roche Diagnostics Corporation in the
Indianapolis Division of the United States District Court.  The other named
defendants are Apex Biotechnology Corp. ("Apex"), Medline Industries, Inc. and
Home Diagnostics, Inc.  The Complaint alleges that the use and sale of the
Assure family of blood glucose monitoring system products, which includes
Assure, Assure II and Assure 3, infringes two patents owned by Roche.

The Assure products are manufactured and supplied to Hypoguard by Apex under the
terms of a supply and distribution agreement (the "Agreement").  The Agreement
includes an indemnity for liability arising from the Assure products infringing
the intellectual property of a third party, given by Apex to Hypoguard.  Apex
has confirmed that it will stand behind such indemnity in relation to the Roche
Complaint.
                                    - Ends -

Enquiries:

Medisys PLC                                                      020 7563 5200
Michael Barry, Chief Financial Officer

Weber Shandwick Square Mile                                      020 7067 0700
Kevin Smith/Susanne Walker


                      This information is provided by RNS
            The company news service from the London Stock Exchange
END

MSCZGGZDRRVGDZM

MDY Healthcare (LSE:MDY)
Historical Stock Chart
Von Jun 2024 bis Jul 2024

MDY Healthcare (LSE:MDY)
Historical Stock Chart
Von Jul 2023 bis Jul 2024