Advanced Medical Optics Awarded $213.9 Million in Infringement Case Against Alcon
20 December 2005
Advanced Medical Optics, Inc. (AMO) (NYSE: EYE) announced today that a judge has upheld a May 2005 jury decision and awarded AMO $213.9 million in damages resulting from willful infringement by Alcon Manufacturing, Ltd. and Alcon Laboratories, Inc. (NYSE: ACL) of two AMO patents for phacoemulsification equipment used in cataract surgery.
(LOGO: http://www.newscom.com/cgi-bin/prnh/20050324/AMOLOGO )
The judge for the United States District Court for the District of Delaware concluded that "the jury was presented with clear and convincing evidence that Alcon intentionally copied" the occlusion mode and the fluidics system from AMO's Sovereign(R) machine. The judge further added, "I agree that this is an exceptional case, that the damages award should be trebled, and that reasonable attorneys fees should be awarded."
The judge granted AMO a permanent injunction, but that injunction has been stayed pending appeal. Once in effect, the injunction will prohibit Alcon from selling equipment with the features that infringed AMO's patents. The judge also required Alcon to post a $1.8 million bond on the injunction pending appeal.
"The judge's decision validates the importance of AMO's commitment to develop superior technology that offers unique benefits to surgeons and the patients they serve," said AMO President and CEO Jim Mazzo. "We will continue to take all necessary steps to protect and defend the investment we make in technology on behalf of our customers and stockholders."
In May 2005, a jury awarded AMO $94.8 million in damages, reflecting lost profits and reasonable royalty fees through February 2005. Subsequently, the judge ruled that AMO did not sufficiently mark its patents on the equipment and reduced the award to $71.3 million. This revised amount was trebled, resulting in total damages of $213.9 million for this period. The final judgment will include damages on infringing products sold by Alcon after March 2005, plus pre-judgment interest. Alcon has 30 days to file an appeal of the judgment and thereafter may seek a stay of payment of the judgment upon posting of a sufficient bond.
AMO originally filed a complaint in the U.S. District Court for the District of Delaware against Alcon Manufacturing, Ltd. and Alcon Laboratories, Inc. on December 3, 2003 for infringement of U.S. Patent Nos. 5,700,240 relating to occlusion mode technology and 6,059,765 relating to a fluidics management system.
About Advanced Medical Optics (AMO)
AMO is a global medical device leader focused on the discovery and delivery of innovative vision technologies that optimize the quality of life for people of all ages. Products in the ophthalmic surgical line include intraocular lenses, laser vision correction systems, phacoemulsification systems, viscoelastics, microkeratomes and related products used in cataract and refractive surgery. AMO owns or has the rights to such ophthalmic surgical product brands as ReZoom(TM), Clariflex(R), Array(R), Sensar(R), CeeOn(R), Tecnis(R) and Verisyse(TM) intraocular lenses, STAR S4 IR(TM) laser vision correction system, WaveScan Wavefront(R) System, CustomVue(TM) procedure, Sovereign(R) and Sovereign(R) Compact(TM) phacoemulsification systems with WhiteStar(R) technology, Amadeus(TM) and Amadeus(TM) II microkeratomes, Healon(R) viscoelastics, and the Baerveldt(R) glaucoma shunt. Products in the contact lens care line include disinfecting solutions, daily cleaners, enzymatic cleaners and lens rewetting drops. Among the contact lens care product brands the company possesses are COMPLETE(R) Moisture PLUS(TM), COMPLETE(R) Blink-N-Clean(R), Consept(R)F, Consept(R) 1 Step, Oxysept(R) 1 Step, UltraCare(R), Ultrazyme(R), Total Care(TM) and blink(TM) branded products. Amadeus is a licensed product of, and a trademark of, SIS, Ltd. AMO is based in Santa Ana, California, and employs approximately 3,500 worldwide. The company has operations in 24 countries and markets products in approximately 60 countries. For more information, visit the company's Web site at http://www.amo-inc.com.
Forward Looking Statements
This press release contains forward-looking statements. Any statements in this press release that refer to AMO's estimated or anticipated future results are forward-looking statements. All forward-looking statements in this press release reflect AMO's current analysis of existing trends and information and represent AMO's judgment only as of the date of this press release. Actual results may differ from current expectations based on a number of factors affecting AMO's business, including but not limited to a possible appeal of the award, collectability of the damages awarded, uncertainties relating to permanent injunctive relief, and unpredictable competitive, regulatory and market conditions. Therefore, the reader is cautioned not to rely on these forward-looking statements. AMO disclaims any intent or obligation to update these forward-looking statements.
Additional information concerning these and other risk factors may be found in AMO's public periodic filings with the Securities and Exchange Commission, including the discussion under the heading "Certain Factors and Trends Affecting AMO and its Businesses" in AMO's 2004 Form 10-K. Copies of press releases and additional information about AMO are available at http://www.amo-inc.com, or you can contact the AMO Investor Relations Department by calling 714-247-8348.
Advanced Medical Optics, Inc.
Investors:
Sheree Aronson
(714) 247-8290
sheree.aronson@amo-inc.com
Media:
Steve Chesterman
(714) 247-8711
steve.chesterman@amo-inc.com
Source: prnewswire
All trademarks and copyrighted information contained herein are the property of their respective owners.
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