Court Holds That Intuitive Surgical's da Vinci System Infringes Computer Motion Patent; Computer Motion Discusses Impact of Ruling.

Business Editors & Health/Medical Writers

SANTA BARBARA, Calif.--(BUSINESS WIRE)--Feb. 11, 2003

Computer Motion, Inc. (Nasdaq:RBOT), the world's leading developer of surgical robotic systems serving over 900 customers and 3,000 surgeons in 32 countries, today announced that the District Court for the Central District of California has ruled that Intuitive Surgical's da Vinci Surgical System literally infringes Computer Motion's 6,244,809 patent. Both Computer Motion and Intuitive filed motions for summary judgment and after hearing oral arguments, the Court has denied Intuitive's motion while finding in favor of Computer Motion.

The `809 patent is generally directed towards a medical robotic system. The system includes two robotic arms that hold and move surgical instruments, a cabinet that is coupled to the two robotic arms, a monitor that is mounted to the cabinet, handles that extend from the cabinet and monitor towards the surgeon so that the surgeon faces the monitor and operates the handles, and a foot pedal that allows the surgeon to activate control of a third robotic arm that holds and moves an endoscope that is coupled to the monitor. The Court has found that Intuitive's da Vinci Surgical System includes each of these medical robotic features and therefore literally infringes the `809 patent.

"Since the Court has concluded that Intuitive Surgical literally infringes Computer Motion's `809 patent, the burden now falls on Intuitive to show by clear and convincing evidence that the U.S. Patent Office was wrong in granting the patent and that the patent is somehow invalid or unenforceable," stated Jan Weir of Stradling, Yocca, Carlson, and Rauth who argued the summary judgment motion. "If it cannot carry its burden, Intuitive Surgical will be liable for patent infringement, and further, if Intuitive Surgical's infringement is found to have been willful, Computer Motion may seek to have any damages award tripled. If successful at trial, Computer Motion has the right to seek to enjoin Intuitive from making, using, selling, or offering to sell their da Vinci Surgical System in the United States as long as it continues to infringe the `809 patent."

John Desmarais of Kirkland & Ellis, Computer Motion's lead attorney stated, "We will present evidence that the `809 patent is both valid and enforceable and that Intuitive is a knowing and willful infringer. As we approach our April 29, 2003 trial date, we continue to both intensify and focus our efforts to narrow the issues to those most favorable to Computer Motion."

Computer Motion is seeking damages including its lost profits for sales it was unable to make, reasonable royalty damages, and prejudgment interest. These damages are being sought with respect to the patents included in the California litigation.

Computer Motion's products include: the ZEUS(R) Surgical System and accessories for minimally invasive surgery, the HERMES(R) Control Center, a centralized system that enables the surgeon to voice control a network of "smart" medical devices, and the AESOP(R) Robotic Endoscope Positioner, which was also the first surgical robot to be made commercially available in the U.S. The company's newest product, the SOCRATES(TM) Telecollaboration System, is the first device in the newly created FDA category of Robotic Telemedicine Devices, and is designed to facilitate surgeon collaboration using video and audio conferencing, shared control of the endoscopic camera, and video annotation on the surgical image in the operating room. The company's products are CE-Marked for commercial sale in the European Community. The company's Web site is www.ComputerMotion.com.

This press release contains forward-looking statements concerning the company's business and products. Actual results may differ materially depending on a number of risk factors, including the risks of competition and competing technologies, duration or suspension of clinical studies, regulatory clearances and approvals, and physician, hospital and payor acceptance of the company's products. These factors and other risks inherent in the company's business are described from time to time in the company's Securities and Exchange Commission filings, including its Annual Report on Form 10-K. The company undertakes no obligation to revise the forward-looking statements contained herein to reflect events or circumstances after the date hereof to reflect the occurrence of unanticipated events.

RBOT-Santa Barbara