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Alcon Will Challenge Verdict in Patent Case.


FORT WORTH, Texas Fort Worth is the fifth-largest city in the state of Texas, 18th-largest city in the United States[1], and voted one of "America’s Most Livable Communities.  -- Alcon, Inc. (NYSE NYSE

See: New York Stock Exchange
:ACL See access control list.

1. ACL - Access Control List.
2. ACL - Association for Computational Linguistics.
3. ACL - A Coroutine Language.

A Pascal-based implementation of coroutines.

["Coroutines", C.D.
) announced today that a jury in the U.S. District Court in Delaware rendered a verdict that Alcon infringed Advanced Medical Optics Advanced Medical Optics, Inc., (NYSE: EYE) (known as AMO) is a global medical device leader focused on the discovery and delivery of innovative vision technologies that optimize the quality of life for people of all ages.  Inc.'s (NYSE:AVO a·vo  
n. pl. a·vos
See Table at currency.



[Portuguese, shortened from oitavo, eighth, from Latin oct
) U.S. Patent Nos. 5,700,240 and 6,059,765. Alcon stated that it believes the jury verdict of infringement is not supported by the evidence and is incorrect as a matter of law. Alcon added that it will ask the court to set aside the verdict, and will appeal if necessary. The amount of the verdict was $95 million.

The patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver.  suit by AMO AMO - America's Multimedia Online  challenges only certain features of Alcon's Infiniti(R) Vision System and the Advantec(R) and Everest(TM) software upgrades to Alcon's Legacy(R) cataract system. It does not relate to the core phacoemulsification phacoemulsification /phaco·emul·si·fi·ca·tion/ (-e-mul?si-fi-ka´shun) a method of cataract extraction in which the lens is fragmented by ultrasonic vibrations and simultaneously irrigated and aspirated.  technologies that make up the Infiniti(R) and Legacy(R) systems.

Although it expects the verdict to be set aside, Alcon said it had already decided to make the software changes necessary to remove the Occlusion Power Management feature at issue from these products because few, if any, of its customers actually used it.

"While we are disappointed with this jury's decision, we remain confident that when the matter is further reviewed, the court will find that Alcon does not infringe and owes no damages," said Elaine Whitbeck, vice president and general counsel of Alcon.

About Alcon

Alcon, Inc. is the world's leading eye care company with sales exceeding $3.9 billion in 2004. Alcon, which has been dedicated to the ophthalmic industry for over 50 years, develops, manufactures and markets pharmaceuticals, surgical equipment and devices, contact lens solutions and other vision care products that treat diseases, disorders and other conditions of the eye. For more information on Alcon, Inc., visit the company's Web site at www.alconinc.com.

Caution Concerning Forward-Looking Statements. This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  of 1995, especially about the potential likelihood of being successful in our appeal of the initial verdict against us. These statements involve known and unknown risks, uncertainties and other factors which may cause our actual results, performance or achievements to be materially different from any future results, performances or achievements expressed or implied by our forward-looking statements. These statements reflect the views of our management as of the date of this press release with respect to future events and are based on assumptions and subject to risks and uncertainties. Given these uncertainties, you should not place undue reliance on these forward-looking statements. Factors that might cause future results to differ include, but are not limited to, competition from other products already on the market or competitive products that reach the market in the future, challenges inherent in new product manufacturing and marketing, developments in legal cases that may affect our ability to market our products and government regulation and legislation. You should read this press release with the understanding that our actual future results may be materially different from what we expect. Except to the extent required under the federal securities laws and the rules an regulations promulgated prom·ul·gate  
tr.v. prom·ul·gat·ed, prom·ul·gat·ing, prom·ul·gates
1. To make known (a decree, for example) by public declaration; announce officially. See Synonyms at announce.

2.
 by the Securities and Exchange Commission, we undertake no obligation to publicly update or revise any of these forward-looking statements, whether to reflect new information or future events or circumstances or otherwise.
COPYRIGHT 2005 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:May 6, 2005
Words:552
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