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Biotech / Medical : Misonix Inc. (MSON)
MSON 26.540.0%Nov 22 4:00 PM EST
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To: md1derful who wrote (646)1/29/1998 11:41:00 PM
From: Candle stick  Read Replies (1) of 947
 
Subject: Re: More Patent talk
Date: Thu, Jan 29, 1998 14:34 EST
From: Wesley0428
Message-id: <19980129193401.OAA26614@ladder03.news.aol.com>

The major differences as I understand them, in addition to those noted in the prior post, are:

Mentor's patent claims: "the probe tip is vibrated at 40,000 cycles per second at an amplitude of 2 mil. This high frequency, low amplituse vibration serves to efficiently and safely separate the fatty tissue and create localizied heat through frictional contact. This localized frictional heat serves to assist in the removal by physically melting a thin layer of surrounding fatty tissue."

Misonix patent states: "the standing ultrasonic wave (which is later stated to have a frequency of 20 kHz - 24kHz) in the insertion tube produces cavitation bubbles causing liquification of adipose tissues ... the distal end of the tube and the adipose tissues at the surgical site are maintained at approximately body temperature"

I've heard several possible defenses, from various armchair lawyers or analysts.

1. The Mentor patent is invalid because it makes claims that were in practice before it was filed

2. The Mentor patent is invalid because frictional heat is not part of the fat liquification process as they claim (cavitation and friction are not the same thing)

3. The Misonix device does not infringe because it operates at 20 - 24 kHz and the Mentor patent specifically states a device operating at approximately 40 kHz.

Damned if I know the merit of any of these, but know you know as much as I do. But remember, this stock got to over $15 well after the Mentor suit was filed.

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