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Business Wire NOTICE ISSUED BY INTERNATIONAL TRADE COMMISSION BUSINESS EDITORS, HEALTH/MEDICAL WRITERS
SANTA CLARA, Calif.--(BW HealthWire)--March 6, 2000--VISX, INCORPORATED (NASDAQ: VISX.O) today announced that the United States International Trade Commission (ITC) has issued a Notice of its decision in the investigation of the activities of Nidek Co. Ltd. and its United States subsidiaries. The Commission adopted portions of the Initial Determination of the ITC issued in December 1999, ruling that Nidek and its United States subsidiaries have not violated Section 337 of the Tariff Act of 1930, as amended on the basis that the Nidek laser system does not infringe the VISX's United States Patent No. 5,711,762 and that VISX does not practice that patent. With regard to the validity and enforceability of the patent, the Commission did not affirm the Initial Determination and took no position. The Commission did not review the findings of the ITC administrative law judge with respect to VISX's U.S. Patent Number 4,718,418. That ruling upholding the enforceability of the `418 Patent but finding that it was not infringed by the Nidek System is therefore final. The Commission's determination is subject to review by the United States Court of Appeals for the Federal Circuit and VISX may appeal all or a portion of the decision. VISX is a worldwide leader in the development of refractive laser technology. VISX systems are commercially available in the United States and markets worldwide.
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CONTACT: VISX Inc. Lola Wood, 877/463-6847 ir@visx.com visx.com
KEYWORD: CALIFORNIA INDUSTRY KEYWORD: MEDICAL DEVICES
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