O'FALLON, Mo., Dec. 8 /PRNewswire-FirstCall/ -- Synergetics USA, Inc. announced today that on November 30, 2005, it filed an answer to IRIDEX's allegations of patent infringement of IRIDEX's Patent No. 5,085,492 entitled "Optical Fiber with Electrical Encoding" and asked the court for a declaratory judgment of non-infringement of this patent. Synergetics has received patents from the United States Government to protect its own unique technology.
Synergetics has also countersued IRIDEX for engaging in false advertising, commercial disparagement, trade libel, injurious falsehood and unfair competition under the Federal Lanham Act and applicable Missouri common law. Synergetics' counterclaim further includes a count of defamation. The claims primarily relate to alleged false or misleading statements and publications by IRIDEX and its representatives with respect to Synergetics' laser adapters and laser probes.
"Synergetics is a medical technology company that relies heavily on its intellectual property for success in the marketplace. As such, we respect the intellectual property rights of others, and after careful review, we believe that we do not infringe the IRIDEX patent," said Gregg D. Scheller, president and chief executive officer of Synergetics. "We have endured various commercial tactics by IRIDEX over the years designed to stop Synergetics from selling its competitive adapters. None of IRIDEX's efforts have been successful to date, and we expect that its current effort will also be unsuccessful."
About Synergetics USA, Inc.
Synergetics USA, Inc. resulted from the September 2005 combination of Valley Forge Scientific Corp. and Synergetics, Inc., bringing together their respective unique capabilities in bipolar electrosurgical generators and design, and manufacture of microsurgical hand instruments. Synergetics USA, Inc. designs, manufactures and markets medical devices for use primarily in ophthalmic surgery and neurosurgery and for other healthcare applications. Its products are designed and manufactured to support micro or minimally invasive surgical procedures. In addition to its surgical devices and equipment, it designs and manufactures disposable and non-disposable supplies and accessories for use with such devices and equipment. It also manufactures and sells bipolar electrosurgical generators and other generators, based on its DualWave(TM) technology, and complementary instrumentation and disposable products for use in neurosurgery, spine surgery, pain control and in dental applications. Synergetics sells its products primarily to hospitals, clinics and surgeons in approximately 70 countries.
Forward-Looking Statements
Some statements in this release may be "forward-looking statements" for the purposes of the Private Securities Litigation Reform Act of 1995. In some cases, forward-looking statements can be identified by words such as "believe," "expect," "anticipate," "plan," "potential," "continue" or similar expressions. Such forward-looking statements are based upon current expectations and beliefs and are subject to a number of factors. These forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially from those indicated in the forward-looking statements, including but not limited to: the effects of local and national economic, credit and capital market conditions on the economy in general, and on the medical device industry in particular, and the effects of foreign exchange rates and interest rates; the ability to timely and cost-effectively integrate the operations and management of Valley Forge and Synergetics following their merger transaction; the ability to realize the synergies and other perceived advantages resulting from the merger; the ability to retain and attract key personnel; the ability of Synergetics to successfully execute its business strategy; the extent and timing of market acceptance of new products or product indications; the ability of Synergetics to procure, maintain, enforce and defend its patents and proprietary know how; changes in laws, including increased tax rates, regulations or accounting standards, third-party relations and approvals, and decisions of courts, regulators and governmental bodies; the ability of Synergetics to continue to increase customer loyalty; the ability to recoup costs of capital investments through higher revenues; environmental restrictions, soil and water conditions, weather and other hazards, site access matters and building permit issues; the effects of environmental and structural building conditions relating to Synergetics' properties; acts of war or terrorism incidents; the effects of operating and market competition; and other important factors disclosed previously and from time to time in Synergetics' filings with the SEC. Synergetics undertakes no obligation to update these forward-looking statements.
SYNERGETICS USA, INC. 3845 Corporate Centre Drive O'Fallon, Missouri 63368 (636) 939-5100 http://www.synergeticsusa.com Attn: Pamela G. Boone, Chief Financial Officer
Synergetics USA, Inc.CONTACT: Pamela G. Boone, Chief Financial Officer of Synergetics USA,Inc., +1-636-939-5100
Web site: http://www.synergeticsusa.com/
