Conceptus' Right of First Refusal Turned Down.SAN CARLOS, Calif. -- Conceptus conceptus /con·cep·tus/ (-tus) the product of the union of oocyte and spermatozoon at any stage of development from fertilization until birth, including extraembryonic membranes as well as the embryo or fetus. , Inc. (Nasdaq:CPTS CPTS Certified Penetration Testing Specialist (network security) CPTS Comptroller Squadron CPTS Computer Program Test Specifications CPTS Catastrophe Personnel Tracking System CPTS Claims Procedure Training Specialist ) today announced that Ovion, Inc. ("Ovion") has turned down Conceptus' exercise of its right of first refusal Right of First Refusal In general, the right of a person or company to purchase something before the offering is made available to others. Notes: For example, a football team may have the right of first refusal on a player's contract. . On June 3, 2005, American Medical Systems announced it had entered into a definitive agreement to acquire Ovion, a pre-commercialization company attempting the development of a transcervical sterilization technology. Closing that transaction was subject to a Right of First Refusal ("ROFR ROFR Right of First Refusal ") held by Conceptus obtained in a previous intellectual property settlement with Ovion. Conceptus exercised its ROFR on Saturday, July 2, 2005 within the 30 day period provided for in the settlement agreement. On Tuesday, July 5, 2005, Conceptus was notified by Ovion that it had turned down the ROFR exercise. On July 6, 2005, Conceptus filed a motion in Delaware Chancery Court for the issuance of a temporary restraining order temporary restraining order: see injunction. to enjoin To direct, require, command, or admonish. Enjoin connotes a degree of urgency, as when a court enjoins one party in a lawsuit by ordering the person to do, or refrain from doing, something to prevent permanent loss to the other party or parties. the transaction between Ovion and AMS AMS - Andrew Message System pending resolution of Conceptus' claims against Ovion. That request for a temporary restraining order has been rejected by the Chancery Court, thereby clearing the way for the completion of the AMS acquisition of Ovion. "We saw this as an opportunity to secure our intellectual property position without bearing the costs and distractions of ongoing litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. ," commented Mark Sieczkarek, president and chief executive officer of Conceptus. "However, having not been successful, we will continue to actively pursue our legal efforts to bring our interference claims in the patent office to a positive conclusion. We believe Conceptus has the dominant IP position in this market and we will vigorously continue to build and defend it." About Essure The Essure procedure deploys a soft micro-insert into the fallopian tube through the cervix using a minimally invasive transcervical tubal Tubal (t `bəl), in the Bible, son of Japheth. access catheter. Once in place, the device is designed to elicit tissue growth in and around the micro-insert to form an occlusion or blockage in the fallopian tube. An Essure procedure does not require cutting or penetrating the abdomen and can be performed in a less costly procedure setting without general anesthesia. A woman is able to return home about 45 minutes after the procedure is completed. There is a three-month waiting period after the procedure during which women must use another form of birth control. Essure is 99.80% effective after three years of follow-up. About Conceptus Conceptus, Inc. manufactures and markets Essure, an innovative medical device and procedure, designed to provide a non-incisional alternative to tubal ligation ligation /li·ga·tion/ (li-ga´shun) the application of a ligature. tubal ligation sterilization of the female by constricting, severing, or crushing the uterine tubes. , which is the leading form of birth control worldwide. The availability of Essure in the U.S. is expected to open up a market currently occupied by incisional tubal ligation and vasectomy vasectomy, male sterilization by surgical excision of the vas deferens, the thin duct that carries sperm cells from the testicles to the prostate and the penis. , which combined account for over 1 million procedures annually. Additional information about the Essure procedure is available at www.Essure.com or by calling the Essure Information line at 1-877-ESSURE1. Additional information about Conceptus is available at www.conceptus.com or by calling 1-877-ESSURE2. Except for the historical information contained herein, the matters discussed in this press release are forward-looking statements, the accuracy of which is necessarily subject to risks and uncertainties. Discussions regarding any future plans with respect to the interference proceedings or the outcome thereof, among other matters discussed in this release, may differ significantly from the discussion of such matters in the forward-looking statements. Such differences may be based upon factors such as strategic planning decisions by management, re-allocation of internal resources, decisions by insurance companies or government agencies, scientific advances by third parties, and introduction of competitive products, as well as those factors set forth in the Company's most recent Annual Report on Form 10-K and most recent Quarterly Report on Form 10-Q, and other filings with the Securities and Exchange Commission. |
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