Alphatec Announces Court Decision Denying Preliminary Injunction Against Two of Company's Key Pedicle Screws
03 November 2006 - 3:00PM
PR Newswire (US)
CARLSBAD, Calif., Nov. 3 /PRNewswire-FirstCall/ -- Alphatec
Holdings, Inc. (NASDAQ:ATEC), a spinal device company, announced
today that the U.S. District Court in Boston, MA has denied a
motion by DuPuy Spine, Inc., a division of Johnson & Johnson,
seeking a preliminary injunction against Alphatec's sale and
manufacture of the Alphatec ZODIAC(TM) and SOLANAS polyaxial
pedicle screws. The motion was brought in a lawsuit against
Alphatec that alleged patent infringement, and was filed by DuPuy,
the patent's U.S. licensee, and Biedermann Motech GmbH, the
patent's owner. The patent infringement case remains pending. About
Alphatec Alphatec is a medical device company focused on the
design, development, manufacturing and marketing of products for
the surgical treatment of spine disorders. Alphatec's principal
product offerings are primarily focused on the U.S. spine fusion
market, which is estimated to approach $3 billion in 2007, through
its wholly-owned subsidiary, Alphatec Spine, Inc., and include a
variety of spinal implant products and systems comprised of
components such as spine screws, spinal spacers, and plates that
offer multiple solutions to address patients' needs. In addition to
Alphatec's U.S. presence, it also participates in the Japanese
spine fusion and orthopedic trauma markets through its subsidiary,
Alphatec Pacific, Inc. Our mission is to be a values based leader
in the spinal device market by providing unmatched service to and
taking scientific direction from our surgeon customers. We do so
through our unique in-house manufacturing facility in Carlsbad,
California that allows us to respond quickly to surgeon needs and
to customize innovative products needed for spine fusion surgery.
Forward Looking Statements This press release may contain
forward-looking statements that involve risks and uncertainty. Such
statements are based on management's current expectations and are
subject to a number of risks and uncertainties that could cause
actual results to differ materially from those described in the
forward- looking statements. Alphatec cautions investors that there
can be no assurance that actual results or business conditions will
not differ materially from those projected or suggested in such
forward-looking statements as a result of various factors,
including, but not limited to, the following: Alphatec's ability to
maintain its level of previously reported sales growth, Alphatec's
ability to develop and expand its spine fusion business in the
United States and Japan, Alphatec's ability to expand and maintain
a successful sales and marketing organization, continuation of
favorable third party payor reimbursement for procedures performed
using our products, unanticipated expenses or liabilities or other
adverse events affecting cash flow or Alphatec's ability to achieve
profitability, uncertainty of additional funding, uncertainty of
success in developing any new products, failure to successfully
introduce and develop new products, including products related to
license agreements, failure to obtain FDA clearance or approval for
particular devices, Alphatec's ability to compete with other
competing products and with emerging new technologies within and
outside of spinal fusion, product liability exposure, patent
infringement claims and claims related to our intellectual
property. Please refer to the risks detailed in Alphatec's Form S-1
on file with the SEC, as well as the risks detailed from time to
time in Alphatec's SEC reports, including quarterly reports on Form
10-Q, reports on Form 8-K and annual reports on Form 10-K. We
disclaim any intention or obligation to update or revise any
forward-looking statements, whether as a result of new information,
future events, or otherwise, unless required by law. Contacts:
Alphatec Holdings, Inc. Noonan Russo Steven Yasbek Brian Ritchie
760.431.9286 x503 212.845.4269 DATASOURCE: Alphatec Holdings, Inc.
CONTACT: Steven Yasbek of Alphatec Holdings, Inc., +1-760-431-9286
x503, ; Brian Ritchie of Noonan Russo, +1-212-845-4269, , for
Alphatec Holdings, Inc.
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