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Jury Upholds Validity Of Charlton Patents In Favor Of Inverness Medical Innovations, Inc. (IMA)


10/19/2005 5:12:16 PM

WALTHAM, Mass., Nov. 22 /PRNewswire-FirstCall/ -- Inverness Medical Innovations, Inc. , a leading manufacturer and marketer of rapid diagnostics products for the consumer and professional markets, announced today that the jury in its patent infringement case against Acon Laboratories in the United States District Court for the District of Massachusetts has ruled unanimously in favor of Inverness against Acon's three principal invalidity defenses. Inverness sued Acon last year for patent infringement based on various patents, including U.S. Patent No. 6,485,982 (the "'982 Patent"). The Court had earlier ruled that a number of Acon's test devices, including its pregnancy, ovulation, Strep and H pylori tests, infringed the '982 patent.

The jury's decision upholding the validity of Claims 7 and 19 of the '982 Patent covered three basic questions, including whether the invention had been anticipated by certain work allegedly done by others in the early 1980s, whether the invention was "obvious" based on the prior art that Acon considered to be its best prior art, and whether the "best mode" requirement was satisfied by the disclosure in the patent. The jury found in Inverness' favor, and against Acon, on all questions.

As a result of the jury's findings, the Court has stated that it will promptly issue an injunction against Acon's continued sale of infringing devices. Inverness intends to continue its efforts to obtain damages against Acon and continue to pursue other patent infringement claims against Acon.

Ron Zwanziger, CEO of Inverness Medical Innovations, stated "We are extremely pleased that the jury decided in our favor in this case, and that they agreed with our contention that the patent is clearly valid. We feel very positive about the impact this decision will have on the growth of our business, and are particularly proud that the jury affirmed our longstanding belief in the strength of our patent position. We fully intend to apply the result in this case in our prosecution of other infringement actions."

For more information about Inverness Medical Innovations, please visit our website at http://www.invernessmedical.com/.

Inverness Medical Innovations is a leading global developer of advanced diagnostic devices and is presently exploring new opportunities for its proprietary electrochemical and other technologies in a variety of professional diagnostic and consumer-oriented applications including immuno- diagnostics with a focus on women's health, cardiology and infectious disease. The company's new product development efforts, as well as its position as a leading supplier of consumer pregnancy and fertility/ovulation tests and rapid point-of-care diagnostics, are supported by the strength of its intellectual property portfolio. The Company is headquartered in Waltham, Massachusetts.

This press release contains forward-looking statements within the meaning of the federal securities laws, including statements about the impact of this decision on our business and our intent to seek damages from Acon and pursue other infringers as well as the various court orders in the Acon Laboratories case, the Company's patent position, and the anticipated timing and outcome of the Company's legal proceedings generally. These statements reflect the Company's current views with respect to future events and are based on management's current assumptions and information currently available. Actual results may differ materially due to numerous factors, including without limitation appeals or further rulings of the Court in the Acon Laboratories case, outcomes in other litigations, demand for the Company's products, the intensely competitive environment in the Company's markets, and the ability of the Company to successfully develop and commercialize products and the risks and uncertainties described in the Company's periodic reports filed with the Securities and Exchange Commission under the federal securities laws, including the Company's Quarterly Report on Form 10-Q for the quarter ended June 30, 2004. Inverness undertakes no obligation to update any forward- looking statements contained herein.

Contact: Doug Guarino, Director of Corporate Relations 781 647 3900

Inverness Medical Innovations

CONTACT: Doug Guarino, Director of Corporate Relations of InvernessMedical Innovations, +1-781-647-3900


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