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Biomet Announces Favorable Court Ruling Against Medtronic Sofamor Danek.


WARSAW, Ind. -- (NASDAQ NASDAQ
 in full National Association of Securities Dealers Automated Quotations

U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on
:BMET BMET Biomedical Engineering Technology
BMet Bachelor of Metallurgy
BMET Bio-Medical Equipment Repair Technician
) Biomet, Inc. today reported that the United States District Court United States District Court

In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court.
 for the Central District of California ruled this week that the new spinal implant polyaxial screw A polyaxial screw is used for connecting vertebrae to rods in spinal surgery. It is essentially a screw whose spherical head is enclosed on a housing, which allows the screw a range of motion along several different axes relative to the housing.  design of Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc. also infringes U.S. Patent No. 5,474,555 (the "`555 patent"). The '555 patent is owned by Cross Medical Products, Inc. ("Cross"), a Biomet company. The Court previously found that Medtronic's spinal implant polyaxial screws marketed under the names MAS, M8, M10, Sextant sextant, instrument for measuring the altitude of the sun or another celestial body; such measurements can then be used to determine the observer's geographical position or for other navigational, surveying, or astronomical applications. , Vertex, Legacy 4.5 and Legacy 5.5 infringe the '555 patent and subsequently entered a permanent injunction permanent injunction n. a final order of a court that a person or entity refrain from certain activities permanently or take certain actions (usually to correct a nuisance) until completed. . The ruling by the Court this week found that Medtronic's redesigned versions of those products, which appear to have been created in an attempt to design around the '555 patent, also infringe the `555 patent. Although Medtronic may appeal this latest infringement ruling, Cross will immediately request that the Court enter a permanent injunction against the redesigned MAS, M8, M10, Sextant, Vertex, Legacy 4.5 and Legacy 5.5 polyaxial screws.

In another ruling issued by the Court this week, the Court found that a Cross patent related to crosslinks used with spinal implants was invalid. The Court had recently ruled that Medtronic's L.P. Crosslinks, Low Profile Crosslink, Low Profile Crosslink Plate, Anterior Low Profile Crosslink, Low Profile Crosslink Multi-Span Plate, Multi-Span LPC (language) LPC - A variant of C designed ca 1988 to program LP MUDs. , and X-10 Crosslink products infringed the patent.

In the remaining rulings issued by the Court, it ruled that Cross' C-Tek anterior cervical plate infringed two Medtronic patents, and that those two Medtronic patents are valid. The Court also ruled that Medtronic's Premier plate infringed a Cross anterior cervical plate patent, but that the patent was invalid because Medtronic invented its Premier plate before Cross invented its C-Tek plate. Sales of the C-Tek plate are significantly less than one percent of Biomet's net sales Net Sales

The amount a seller receives from the buyer after costs associated with the sale are deducted.

Notes:
This amount is calculated by subtracting the following items from gross sales: merchandise returned for credit, allowances for damaged or missing goods, freight
.

Dane A. Miller, Ph.D., Biomet's President and Chief Executive Officer, said, "Again, we are pleased that the Court found that Medtronic Sofamor Danek's redesigned polyaxial screws infringe our patent as we will continue to protect the unauthorized use of our valuable intellectual property rights. Although we were disappointed with C-Tek and crosslinks rulings, we intend to appeal those decisions. With respect to the C-Tek product, it represents a small percentage of our business and we have alternative product offerings."

Biomet, Inc. and its subsidiaries design, manufacture and market products used primarily by musculoskeletal musculoskeletal /mus·cu·lo·skel·e·tal/ (-skel´e-t'l) pertaining to or comprising the skeleton and muscles.

mus·cu·lo·skel·e·tal
adj.
Relating to or involving the muscles and the skeleton.
 medical specialists in both surgical and non-surgical therapy. The Company's product portfolio encompasses reconstructive products, including orthopedic joint replacement devices, bone cements and accessories, and dental reconstructive implants; fixation products, including electrical bone growth stimulators, internal and external orthopedic fixation devices, craniomaxillofacial implants and bone substitute materials; spinal products, including spinal stimulation devices, spinal hardware and orthobiologics; and other products, such as arthroscopy Arthroscopy Definition

Arthroscopy is the examination of a joint, specifically, the inside structures. The procedure is performed by inserting a specifically designed illuminated device into the joint through a small incision.
 products and softgoods and bracing products. Headquartered in Warsaw, Indiana, Biomet and its subsidiaries currently distribute products in more than 100 countries.

For further information contact Greg W. Sasso, Vice President, Corporate Development and Communications at (574) 372-1528 or Barbara Goslee, Manager, Corporate Communications at (574) 372-1514.
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Publication:Business Wire
Geographic Code:1USA
Date:Apr 14, 2005
Words:515
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