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Biotech / Medical : VISX -- Ignore unavailable to you. Want to Upgrade?


To: ajs who wrote (363)12/17/1997 9:00:00 PM
From: pappy  Read Replies (1) | Respond to of 1754
 
DISSCUSSION ON VISX/BEAM LITIGATION: In an earlier posted message from me, I described that during my investigation to determine the parameters of the current litigation, I was met with these words, "Two can play the game VISX is playing and we're not worried". Well, those words have been playing over and over in my mind until today when it all fell into place.

THEORY:

1. Is it not correct that BEAM received approval of PRK approximately 5-6 months before VISX?
2. Is it not correct that the PILLAR POINT PARTNERSHIP was in place at that time?
3. Is it not correct that there were substantially more procedures for PRK in those 5-6 months (Before VISX was approved for PRK) than there has been for PRK (for Astigmatism) in the 4 months since VISX has been approved for this procedure and BEAM has yet to?
4. Is it not correct that during those 5-6 moths before VISX was approved for PRK, BEAM in accordance to the PPP paid over to VISX, their share of procedural income?
5. Is it not correct that in October 1997, VISX quit paying over royalities on Astigmatism procedures to BEAM since BEAM is not approved yet to conduct such procedures?

CONCLUSIONS: Either VISX owes BEAM back alot of money for PRK procedures performed on BEAM machines before VISX got approval or VISX is in alot of trouble with its without merit litigation. I believed the street recognized that today and I also now see how two can play the game VISX is playing.

ANY comments?