Conceptus Responds to Patent Infringement Claim Made by Ovion, Inc.Business Editors & Health/Medical Writers SAN CARLOS, Calif.--(BW HealthWire)--Aug. 15, 2002 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 ), developer of the non-incisional permanent birth control procedure Essure(TM), today stated that a lawsuit alleging 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. filed against the company by Ovion, Inc. is without merit, and that the company intends to defend its position vigorously. The lawsuit was filed on August 13, 2002 in the U.S. District Court, Northern District of California (San Francisco Division), and alleges that Conceptus is infringing Ovion's U.S. patent 6,432,116 by making the Essure device. The lawsuit appears to have been filed in response to Conceptus' previously filed lawsuit against Ovion in the same court alleging that Ovion's U.S. patent 6,096,052 is invalid, not infringed and unenforceable, and that Ovion has engaged in trade libel and unfair competition. Ovion's U.S. patent 6,432,116 is a continuation of its U.S. patent 6,096,052. Ovion is a small development-stage, privately held company privately held company A firm whose shares are held within a relatively small circle of owners and are not traded publicly. . "Our intellectual property portfolio has been painstakingly developed over many years and we will vigorously defend it. We are confident that we do not infringe any valid patent claim rightfully belonging to Ovion and that their lawsuit is without merit," commented Steven Bacich, chief executive officer. About Conceptus Conceptus, Inc. is developing Essure, an investigational medical device and procedure in the U.S., designed to provide a non-incisional alternative to tubal Tubal (t  `bəl), in the Bible, son of Japheth. 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. , 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 surgical 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 in the United States. The Essure procedure is based on a unique and proprietary implant and catheter delivery system for minimally invasive transcervical tubal access. Additional information about Conceptus and the Essure procedure is available at www.conceptus.com. Except for 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. The outcome of the 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. and market demand for our Essure product, 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 set forth in the Company's Annual Report on Form 10-K for the year ended December 31, 2001 and other filings with the Securities and Exchange Commission. |
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