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Biotech / Medical : Misonix Inc. (MSON)

MSON 26.54

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Nov 22 4:00 PM EST

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To: Beltropolis Boy who wrote (810)	9/16/1998 10:07:00 PM
From: Candle stick	Read Replies (1) of 947

More details on the 3 issues at the MSON/Mentor hearing, from a well informed person on the Yahoo! message boards: messages.yahoo.com@m2.yahoo.com The first issue was what frequency range the patent covered. Mentor said it covered all ultrasonic frequencies, while Lysonix said it covered only frequencies above at least 30KHz (Lysonix 2000 operates at 22.5KHz). Mentor won this point. The second argument was how much fat needed to be "melted" by localized frictional heat to fall under the patent. The claim used the word "some", and Mentor argued this meant "any". Lysonix claimed that would include the prior art, and said a "non-incidental" amount of melting was required. Lysonix won this point, which is critical because Mentor will now have to show the Lysonix 2000 works by melting, rather than cavitation. It will not constitute infringement if the device works by cavitation but there is some incidental melting from frictional heat. The third argument concerned the meaning of "irrigating the probe." Mentor argued that bringing fluid into contact with the probe at any time constituted irrigation. Lysonix argued that the patent covered an irrigation flow after the probe was activated. The court basically accepted the Lysonix position, defining it as "irrigating the area surrounding the probe at any time subsequent to the subcutaneous initiation of the ultrasonic vibration." This was important because rather than using an irrigation sleeve, surgeons using the Lysonix 2000 inject fluid into the operating site before activating the probe. Now that I've shared all this information, does anyone have any insight into how the US Surgical device is doing in the marketplace? I would love to know if this looks like a long term winner or not.

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