Synergetics Wins Lawsuit Against Hurst and McGowan
22 September 2005 - 12:31AM
PR Newswire (US)
KING OF PRUSSIA, Pa. and O'FALLON, Mo., Sept. 21
/PRNewswire-FirstCall/ -- Valley Forge Scientific Corp.
(NASDAQ:VLFG)(BSE:VLF) and Synergetics, Inc. ("Synergetics"), a
privately-held corporation, announced today that a federal jury
found yesterday that Charles Richard Hurst, Jr. and Michael
McGowan, each believed to be a fifty percent owner of Innovatech
Surgical, Inc. (Innovatech), intentionally interfered with
Synergetics' business relationships including any current
Innovatech customers who are also former Synergetics customers. The
jury further found that Hurst and McGowan misappropriated trade
secrets, breached confidentiality agreements, breached fiduciary
duties, including the duty of loyalty. The jury awarded Synergetics
$1,759,165 in actual damages and $586,388 in punitive damages.
Synergetics had originally filed this suit against these two
ex-employees and principals of Innovatech on February 11, 2004.
Innovatech is a competitor of Synergetics and a partner and
supplier to Iridex, also a competitor of Synergetics. "We are
pleased with this positive outcome for Synergetics shareholders and
employees," said Gregg D. Scheller, president and chief executive
officer of Synergetics. "Synergetics is a medical technology
company that relies heavily on its trade secrets for success in the
marketplace. Synergetics has and will continue to vigorously defend
these trade secrets from those who wish to misappropriate them."
Synergetics and Valley Forge are currently parties to a pending
merger transaction. About Synergetics, Inc. Synergetics designs,
manufactures and markets medical devices for use in ophthalmic
surgery and neurosurgery. Synergetics' products are designed and
manufactured to support micro or minimally invasive surgical
procedures. In addition to Synergetics' surgical devices and
equipment, it also designs and manufactures disposable and
non-disposable supplies and accessories for use with such devices
and equipment. Synergetics sells its products primarily to
hospitals, clinics and surgeons in approximately 70 countries.
About Valley Forge Scientific Valley Forge is a medical device
company that develops, manufactures and sells medical devices for
use in surgery and other healthcare applications. Its core business
involves the sale of bipolar electrosurgical generators and other
generators, based on its DualWave(TM) technology, and complementary
instrumentation and disposable products. Its current line of
products is used in neurosurgery, spine surgery, pain control and
in dental applications. Forward-Looking Statements Some statements
in this release may be "forward-looking statements" for the
purposes of the Private Securities Litigation Reform Act of 1995.
In some cases, forward-looking statements can be identified by
words such as "believe," "expect," "anticipate," "plan,"
"potential," "continue" or similar expressions. Such
forward-looking statements are based upon current expectations and
beliefs and are subject to a number of factors. These
forward-looking statements are subject to risks and uncertainties
that may cause actual results to differ materially from those
indicated in the forward- looking statements, including but not
limited to: the effects of local and national economic, credit and
capital market conditions on the economy in general, and on the
medical device industry in particular, and the effects of foreign
exchange rates and interest rates; the ability to obtain or meet
the closing conditions in the merger agreement between Valley Forge
and Synergetics, and to otherwise complete the merger in a timely
manner; the ability to timely and cost-effectively integrate the
operations and management of Valley Forge and Synergetics; the
ability to realize the synergies and other perceived advantages
resulting from the merger; the ability to retain and attract key
personnel both before and after the merger; the ability of each
company to successfully execute its business strategies; the extent
and timing of market acceptance of new products or product
indications; the ability of each company to procure, maintain,
enforce and defend its patents and proprietary know how; changes in
laws, including increased tax rates, regulations or accounting
standards, third-party relations and approvals, and decisions of
courts, regulators and governmental bodies; the ability of the
combined company to continue to increase customer loyalty; the
ability to recoup costs of capital investments through higher
revenues; environmental restrictions, soil and water conditions,
weather and other hazards, site access matters and building permit
issues; the effects of environmental and structural building
conditions relating to the combined company's properties; acts of
war or terrorism incidents; the effects of operating and market
competition; and other important factors disclosed previously and
from time to time in the combined company's filings with the SEC
and in the Joint Proxy Statement/Prospectus filed by Valley Forge
and Synergetics with the SEC. Valley Forge undertakes no obligation
to update these forward-looking statements. VALLEY FORGE SCIENTIFIC
CORP. SYNERGETICS, INC. 3600 Horizon Drive 3845 Corporate Centre
Drive King of Prussia, Pennsylvania 19406 O'Fallon, Missouri 63368
(484) 690-9000 (636) 939-5100 http://www.vlfg.com/
http://www.synergeticsusa.com/ Attn: Jerry L. Malis Attn: Pamela G.
Boone, President and CEO Chief Financial Officer DATASOURCE: Valley
Forge Scientific Corp. CONTACT: Jerry L. Malis, President and CEO,
+1-484-690-9000, of Valley Forge Scientific Corp.; or Pamela G.
Boone, Chief Financial Officer, +1-636- 939-5100, of Synergetics,
Inc. Web site: http://www.vlfg.com/ http://www.synergeticsusa.com/
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