Here's the Release. Only the battle was up for grabs on Friday. We knew that going in. The absolute best case scenario was that the Judge not only ruled against Mentor, but suggested something to weaken their overall suit. As I interpret the Press Release, that is exactly what happened. The early court date is also what MSON wanted.
<<<Misonix, Inc. Announces Court Denial of Preliminary Injunction Motion Brought by Mentor Corp
FARMINGDALE, N.Y.--(BUSINESS WIRE)--September 14, 1998--Misonix, Inc. ("Misonix") (Nasdaq: MSON) today announced that, at a hearing conducted last Friday afternoon, September 11, 1998, by the U.S. District Court for the Central District of California, the Court denied the preliminary injunction motion brought by Mentor Corporation
("Mentor") against Misonix and its licensees, Medical Device Alliance, Inc. and its wholly-owned subsidiary, LySonix, Inc., attempting to bar the manufacture and sale of the LySonix 2000(R) Ultrasonic Surgical System. In addition to denying Mentor's motion for preliminary injunction, the Court restricted certain of Mentor's claims as to the scope of its patent and interpreted them consistent with the Misonix interpretation.
Dr. Joseph Librizzi, President and Chief Executive Officer of Misonix, stated: "The motion dismissal and other actions again justify our confidence that the patent infringement suit filed by Mentor is without merit. We will continue to aggressively contest Mentor's lawsuit and look forward to a prompt trial on the merits commencing in January, 1999."
Misonix, Inc. develops, manufactures, and/or markets medical, scientific, and industrial ultrasonic and air pollution systems.
Forward Looking Statements: Statements in this news release looking forward in time are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Investors are cautioned that forward-looking statements involve risks and uncertainties, including general economic conditions, delays and risks associated with the performance of contracts, potential acquisitions, consumer and industry acceptance, litigation and regulatory risks.
CONTACT:
Peter Gerstheimer
Vice President and CFO
Misonix, Inc.
(516) 694-9555>>> |
