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Suros Surgical Systems, Inc., SenoRx, Inc. Establish Terms To Settle Patent Infringement Lawsuit


5/25/2006 10:17:38 AM

INDIANAPOLIS, May 24 /PRNewswire/ -- Medical device manufacturer Suros Surgical Systems, Inc., maker of the ATEC(R) Breast Biopsy and Excision System, announced today that it has agreed to settle the current patent infringement lawsuit brought by Suros(TM) against SenoRx. Suros has agreed to settle the lawsuit provided that SenoRx complies with the terms of the settlement agreement in the agreed upon timeframe. Terms of the agreement stipulate that SenoRx is required to immediately modify the accused infringing product, the EnCor disposable breast biopsy system, and discontinue the manufacture, use and sale of the current version of the product by October 31, 2006.

The Suros Complaint, filed in U.S. District Court for the Southern District of Indiana on February 22, 2005, alleged that the SenoRx breast biopsy device infringed on U.S. Patent No. 5,997,560 owned by Suros. SenoRx has agreed to discontinue the manufacture and sale of their current disposable EnCor system and has until October 31, 2006 to comply with the conditions of the agreement. Suros agreed to dismiss the lawsuit without prejudice. Non- compliance to the terms of the settlement by the October 31, 2006 deadline will violate the agreement and Suros will re-file its infringement claim with the Court.

"Suros will not waiver in its commitment to vigorously defend our intellectual property portfolio now or in the future," said Jim Pearson, Suros president and CEO. "We believe once the terms have been met we will have succeeded in achieving our goal of this infringement lawsuit; however, we will continue to closely monitor new devices and will be diligent in safeguarding any Suros-owned technology and patents."

About Suros Surgical Systems, Inc.

Suros(TM) is an Indiana-based interventional medical device manufacturer of minimally invasive surgical platform technology for biopsy, tissue removal and biopsy site marking products. The company designs, manufactures and markets patient-focused and physician-inspired "Compassionate Technologies" through its ATEC(R) (Automated Tissue Excision and Collection) product line compatible with stereotactic x-ray, ultrasound and magnetic resonance imaging (MRI) systems. Suros is viewed worldwide as the pioneer and market leader in MRI-guided breast biopsy technology, and is the fastest growing choice in vacuum-assisted breast biopsy. Since becoming available in 2002, the ATEC(R) Breast Biopsy and Excision System has been installed in more than 600 hospitals and breast centers across North America and the European Union and more than 110,000 procedures have been successfully performed. For more information about Suros, visit http://www.SurosSurgical.com .

Suros Surgical Systems, Inc.

CONTACT: Sue Hetzler, Director, Corporate Communications of Suros SurgicalSystems, Inc., +1-317-344-7514, or +1-317-402-8690,shetzler@surossurgical.com


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