IntraLase Settles Litigation With Escalon Medical Corp.
2007年2月28日 - 10:30PM
PRニュース・ワイアー (英語)
Obtains Ownership of Licensed Intellectual Property IRVINE, Calif.,
Feb. 28 /PRNewswire-FirstCall/ -- IntraLase Corp. (NASDAQ:ILSE),
manufacturer of the ultra-fast laser that is revolutionizing
refractive and corneal surgery, today announced that it has entered
into an agreement with Escalon Medical Corp. (NASDAQ:ESMC) to
settle all outstanding disputes and litigation between the parties.
Under the settlement agreement, IntraLase will make a lump sum
payment to Escalon of $9.6 million, in exchange for which all
pending litigation between the parties will be dismissed, the
parties will exchange general releases, full ownership of all
patents and intellectual property formerly licensed from Escalon
will be obtained by IntraLase, and all IntraLase obligations under
the parties' license agreement will terminate. In addition, the
payment will satisfy any outstanding royalties owed or alleged to
be owed by IntraLase to Escalon, including disputed royalties,
fourth quarter 2006 royalties and all future royalties. A portion
of the settlement will be expensed in the fourth quarter of 2006,
in accordance with FASB No. 5, Accounting for Contingencies and
FASB Interpretation No. 14, Reasonable Estimation of the Amount of
a Loss, which guides that the expensed portion of a settlement
entered into after year end, but before issuance of the annual
financial statements, is accrued in the prior year. "With this
settlement our disputes with Escalon are completely resolved," said
Robert J. Palmisano, President and Chief Executive Officer of
IntraLase Corp. "We are pleased to put this matter behind us and
believe that sole ownership of the Escalon patents will further
strengthen our already robust intellectual property portfolio."
About IntraLase Corp. IntraLase designs, develops, and manufactures
an ultra-fast laser that is revolutionizing refractive and corneal
surgery by creating safe and more precise corneal incisions.
Delivering on the promise of ophthalmic laser technology, the
IntraLase FS laser, related software, and disposable devices
replace the hand-held microkeratome blade used during LASIK
surgery. The unsurpassed accuracy of IntraLase's
computer-controlled femtosecond laser has been shown to improve
safety profiles and visual outcomes when used during LASIK.
Additionally, the IntraLase FS laser creates precision-designed
intracorneal incisions that when combined can be used during
lamellar and penetrating keratoplasty, and intrastromal ring
implantation. IntraLase is presently in the process of
commercializing applications of its technology in the treatment of
corneal diseases that require corneal transplant surgery. The
company's proprietary laser and disposable patient interfaces are
presently marketed throughout the United States and 33 other
countries. IntraLase is headquartered and manufactures its products
in Irvine, California. For additional information, visit the
company's web site: http://www.intralase.com/. On January 8, 2007
Advanced Medical Optics and IntraLase announced that they entered
into a definitive agreement for AMO to acquire IntraLase for
approximately $808 million, or $25.00 per share, in cash. Forward
Looking Statements Statements contained in this press release that
are not historical information are forward-looking statements as
defined within the Private Securities Litigation Reform Act of
1995. Forward-looking statements can be identified by the use of
words such as "believe," "expect," "anticipate," "intend," "plan,"
"estimate," "project," or words of similar meaning, or future or
conditional verbs such as "will," "would," "should," "could," or
"may." Such forward-looking statements are subject to risks and
uncertainties that could cause actual results to differ materially
from those projected or implied. Those risks and uncertainties
include, but are not limited to: the degree of continued acceptance
of LASIK surgery; potential complications revealed by long-term
follow up; the extent of adoption of our product offering by LASIK
surgeons; general economic conditions; changes in federal tax laws
governing the ability of potential LASIK patients to use pre-tax
dollars to pay for LASIK surgery; the scope of government
regulation applicable to our products; patients' willingness to pay
for LASIK surgery; our ability to compete against our competitors;
the effectiveness of our measures to ensure full payment of
procedure fees; the occurrence and outcome of product liability
suits against us; our ability to adequately protect our
intellectual property; whether we become subject to claims of
infringement or misappropriation of the intellectual property
rights of others; the continued availability of supplies from
single-source suppliers and manufacturers of our key laser
components; the ability of our managers, operations, and facilities
to manage our growth; the success of our expansion into markets
outside the United States; whether we lose any of our key
executives or fail to attract qualified personnel; or if our new
products or applications fail to become commercially viable.
Certain of these risks and uncertainties, in addition to other
risks, are more fully described in the company's quarterly report
on Form 10-Q for the period ending September 30, 2006, as filed
with the Securities and Exchange Commission on October 31, 2006.
These forward-looking statements are made only as of the date of
this press release, and the company assumes no obligation to update
or revise the forward-looking statements, whether as a result of
new information, future events, or otherwise. DATASOURCE: IntraLase
Corp. CONTACT: Krista Mallory, Director, Investor Relations and
Corporate Communications of IntraLase Corp., +1-949-859-5230, ext.
260, Web site: http://www.intralase.com/
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