To: Rocketman who wrote (4727 ) 4/23/1998 9:55:00 AM From: Vector1 Read Replies (1) | Respond to of 9719
GSII news U.S. District Court Grants Summary Judgment for General Surgical Innovations in Suit By Guidant Origin/Guidant's Patent Found Unenforceable CUPERTINO, Calif., April 23 /PRNewswire/ -- General Surgical Innovations, Inc. (GSI) (Nasdaq: GSII - news) today announced that the United States District Court for the Northern District of California (The Court) granted GSI's motion for summary judgment of unenforceability of Origin Medsystems, Inc. (Origin) patent No. 5,520,609 which GSI had been charged with infringing. The Court found the '609 patent unenforceable by reason of inequitable conduct on the part of Origin in prosecuting the patent in the United States Patent and Trademark Office. Origin is a part of Guidant Corporation's (Guidant) (NYSE: GDT; PCX) Cardiac & Vascular Surgery Group. ''We view this latest development as a positive step in our patent litigation process and remain confident in our intellectual property position,'' stated Gregory D. Casciaro, President and Chief Executive Officer of GSI. GSI's SPACEMAKER tissue dissection systems, based on the company's patented balloon technology, rapidly and gently create surgical working spaces by separating natural tissue planes without resorting to blunt dissection used in conventional open surgery or minimally invasive surgery conducted outside of a natural body cavity. In procedures using SPACEMAKER dissectors, a surgeon creates a small incision through which the balloon is inserted and placed between naturally occurring tissue layers such as muscle, fat, and skin. Subsequently, the balloon is filled to a specific volume with air or saline, causing the desired dissection of the tissue planes. The system is then removed and the dissected space can be insufflated with gas to facilitate the performance of surgery. Headquartered in Cupertino, California, General Surgical Innovations, Inc. develops, manufactures, and sells tissue dissection systems based on the company's patented balloon technology for minimally invasive surgical procedures. The company's products are specifically designed for endoscopic and laparoscopic techniques for use in general, cardiovascular, orthopedic, cosmetic and reconstructive surgeries to create an operating space at the surgical site, lessen tissue damage and improve patient recovery time. The company has developed a broad range of balloon shapes and sizes to be used for various surgical techniques, procedures, and market segments. GSI distributes its products worldwide through a network of distribution partners and a direct sales force. For additional information, please visit the company's World Wide Web site at www.gsii.com. Except for the historical information contained herein, the matters discussed in this press release are forward-looking statements, the accuracy of which is necessarily subject to risks and uncertainties. Future market development and demand for the company's products, among other matters discussed in this release, may differ significantly from the discussion of such matters in the forward-looking statements. Such differences may be based upon factors within General Surgical Innovations' control, such as strategic planning decisions by management and reallocation of internal resources, or on factors outside of General Surgical Innovations' control, such as scientific advances by third parties, introduction of competitive products and delays by regulatory authorities, as well as those factors set forth under the heading 'Factors Affecting Future Results' in General Surgical Innovations' Annual Report on Form 10-K for the year ended June 30, 1997, Form 10-Q for the quarters ended September 30, 1997, December 31, 1997, and other company filings with the Securities and Exchange Commission. SOURCE: General Surgical Innovations, Inc.