Alcon's patent infringement suit against Synergetics USA stayed

Sep 25 2009

Synergetics USA, Inc. (NASDAQ: SURG), a leading medical device company that designs, manufactures, and markets innovative microsurgical instruments and other devices, today announced that the lawsuit filed by Alcon Research, Ltd. against the Company in the Northern District of Texas, Case No. 4-08CV-609-Y has been stayed in its entirety until both of the patents at issue have completed re-examination in the United States Patent and Trademark Office (“PTO”). This lawsuit alleges infringement of United States Patents No. 5,603,710 and 5,318,560, as well as infringement of three Alcon-owned trademarks*, namely Alcon^®, Accurus^® and Greishaber^®. The Court found that the stay would not prejudice or be a tactical disadvantage for Alcon and that the stay may allow the re-examination to simplify or eliminate the issues in question. The PTO has stated in its Ex Parte Re-examination Filing Data as of June 30, 2009, an average re-examination by the PTO takes approximately 25 months to complete. In addition, 75 percent of the time the patent’s original claims are either canceled or changed.

“We are pleased with the Court’s findings in this case as it is unlikely that this lawsuit will have a significant impact on our financial position or be a further drain on our resources in the near future, if ever,” commented David Hable, President and Chief Executive Officer of Synergetics USA.

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