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Saliva Diagnostic Systems (SALVE) Receives Favorable Ruling In Patent Infringement Litigation With Chembio Diagnostic Systems Inc.

10/19/2005 5:13:17 PM

FRAMINGHAM, Mass., Oct. 3 /PRNewswire-FirstCall/ -- Saliva Diagnostic Systems Inc. , a manufacturer and marketer of rapid tests for infectious diseases, today announced that it received a favorable ruling in connection with litigation brought against it by Chembio Diagnostic Systems Inc. in the UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK Case Number 2:04-cv-01149-JS-ETB.

On September 27, 2005 the Hon. Joanna Seybert, issued her Claim Construction Ruling on the interpretation of the patent claims in the suit. The Court ruled that SDS' broader interpretation of SDS' patent claims was correct, and rejected Chembio's arguments seeking to narrow coverage afforded by SDS' '864 patent. Chembio originally brought the suit seeking a ruling that its Sure Check device does not infringe SDS' patent, as well as other relief. SDS has countersued for patent infringement.

With the broad scope of the '864 patent now established, SDS will seek an expedited Court schedule for remaining proceedings to recover damages and to enjoin Chembio from selling or offering for sale the Chembio Sure Check device. SDS considers this a major victory in the matter.

Saliva Diagnostic Systems Inc. was represented in its lawsuit by Jeffrey Kaplan Esq. of the law firm of KAPLAN, GILMAN, GIBSON & DERNIER, L.L.P. Woodbridge, New Jersey.

About Saliva Diagnostic Systems (SDS)

Saliva Diagnostic Systems manufactures and markets a patented rapid point of care testing device for infectious diseases, as well as oral fluid specimen collection devices using a patented volume adequacy indicator for drugs of abuse testing and other clinical uses. These products are sold in the United States as well as internationally to various distributors for use in clinical laboratories, hospitals, clinics, community-based organizations and other public health organizations. Please visit our website at


Statements contained herein that are not historical facts are forward- looking statements within the meaning of the Securities Act of 1933, as amended. Those statements include statements regarding the intent, belief or current expectations of the Company and its management. Such statements reflect management's current views, are based on certain assumptions and involve risks and uncertainties. Actual results, events, or performance may differ materially from the above forward-looking statements due to a number of important factors, and will be dependent upon a variety of factors, including, but not limited to, the Company's ability to obtain additional financing and the demand for the Company's products. The Company undertakes no obligation to publicly update these forward-looking statements to reflect events or circumstances that occur after the date hereof or to reflect any change in the Company's expectations with regard to these forward-looking statements or the occurrence of unanticipated events. Factors that may impact the Company's success are more fully disclosed in the Company's most recent public filings with the U.S. Securities and Exchange Commission ("SEC").

Saliva Diagnostic Systems Inc.

CONTACT: Steve Peltzman, CEO of Saliva Diagnostic Systems, Inc.,+1-508-872-2625

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