TUCSON, Ariz.- LAWFUEL – Legal News Network -Sept. 19, 2006–Ventana Medical Systems, Inc. (NASDAQ: VMSI) today announced that it commenced patent litigation to protect its intellectual property against Vision BioSystems Inc., a subsidiary of Vision Systems Limited (ASX: VSL). The suit was filed in United States District Court for the District of Massachusetts on September 18, 2006.
In its Complaint, Ventana alleges that Vision’s Bond(TM) X and maX OCR instruments infringe its U.S. Patent No. 6,594,537 for schedule optimization, or more specifically, scheduling algorithms which enable optimal sequencing of multiple tests. The Complaint seeks injunctive relief and damages. Ventana had previously obtained a Summary Judgment of infringement of its dual bar code patent, U.S. Patent No. 6,352,861 patent against the earlier generation of Bond instruments. In addition, Ventana’s lawsuit alleging infringement of its ‘861 patent by the current Bond OCR instruments remains pending, subject to the successful conclusion of an appeal recently heard by the Court of Appeals for the Federal Circuit.
About Ventana Medical Systems, Inc.
Ventana Medical Systems develops, manufactures, and markets instrument/reagent systems that automate slide preparation and staining in anatomical pathology and drug discovery laboratories worldwide. Ventana’s clinical systems are important tools used in the diagnosis and treatment of cancer and infectious diseases. Ventana’s drug discovery systems are used to accelerate the discovery of new drug targets and evaluate the safety of new drug compounds. Visit the Ventana Medical Systems, Inc., website at http://www.ventanamed.com.
SAFE HARBOR STATEMENT
This press release contains forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Statements in this press release regarding our business that are not historical facts may be “forward-looking statements” that involve risks and uncertainties. Specifically, statements regarding our ability to serve clinical and research customers with broad product offerings and expectations regarding the impact of the merger on earnings per share, or EPS, calculations are forward-looking statements involving risks and uncertainties. Forward-looking statements are based on management’s current, preliminary expectations and are subject to numerous risks and uncertainties which may cause our actual results to differ materially from the statements contained herein. We may not realize anticipated future results, and new products may not be as successful as we expect in terms of customer rates of adoption. Other risks and uncertainties include risks associated with the development, manufacturing, marketing, and sale of medical products, competitive factors, general economic conditions, legal disputes, and government actions, and those other risks and uncertainties contained under the caption, “Factors Affecting Future Results,” in our most recent quarterly report on Form 10-Q for the quarter ending June 30, 2006, filed with the SEC on July 28, 2006, and available in the investor relations section of our website located at http://www.ventanamed.com and on the SEC’s website at http://www.sec.gov. We undertake no obligation following the date of this release to update or revise our forward-looking statements or to update the reasons actual results could differ materially from those anticipated in forward-looking statements. We caution you not place undue reliance upon any such forward-looking statements, which speak only as of the date such statements are made. Past performance is not indicative of future results. We cannot guarantee any future operating results, activity, performance, or achievement.