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Biotech / Medical : VISX
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To: MGV who wrote (1405)12/7/1999 12:54:00 AM
From: W Shakespeare  Read Replies (3) of 1754
 
In point of fact, the Nidek verdict is completely irrelevant to BOL's and LASE's legal standing versus VISX. VISX cannot sue American companies through the International
Trade Commission. The verdict is irrelevant to any legal threat that VISX poses to other American manufacturers of lasers.
What is relevant to the ongoing negotiations is how many lawsuits that VISX is willing to pursue at once. If VISX had won a decisive victory against NIDEK, it could then turn its legal guns toward any other competitor who dared to challenge its patents. Now its must continue to attack NIDEK through other, much slower, legal venues. However, I believe that VISX will legally attack any company that challenges its patents. The costs could be a significant drag on earnings if they were to go to full scale war against both BOL and LASE while still pursuing NIDEK.
I still believe that both BOL and LASE will negotiate some sort of license agreement. However, I think the terms may not be as favorable to VISX as some have ventured.
In terms of the timing of any agreements, I think both BOL and LASE are planning to roll out their new lasers before 3/6/2000. Will they wait and lose sales or will they fight and face legal costs and the uncertainty of the legal outcome?
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