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Court defers request for an interim injunction against Guidant's Advanced Cardiovascular Systems; court requests opinion by Dutch Patent Office.


Indianapolis, Ind.--(HealthWire)--January 26, 1995--Guidant Corporation (NYSE NYSE

See: New York Stock Exchange
: GDT GDT Global Descriptor Table
GDT Geographic Data Technology Inc.
GDT Gas Discharge Tube (energy, electrotechinical and electronics)
GDT Getting Things Done
GDT Geometric Dimensioning & Tolerancing
GDT Ground Data Terminal
) today announced that a request for an interim injunction against the company's Advanced Cardiovascular Systems, (ACS (Asynchronous Communications Server) See network access server. ) Inc., unit, filed by C.R. Bard, Inc., with the District Court of The Hague, The Netherlands, was deferred. The District Court has requested an opinion by the Dutch Patent Office.

On December 14, 1994, ACS was notified that C.R. Bard Inc. filed a request for an interim injunction in The Hague, The Netherlands, seeking 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 production and sale by ACS in the United Kingdom, Germany, France, The Netherlands, and Spain of the company's rapid exchange and rapid exchange perfusion catheters because such production and sale allegedly infringed a European patent that was granted on May 4, 1994. The request also sought an unspecified amount of damages resulting from such production and sale by ACS from and after May 4, 1994.

On January 19, 1995, Bard's request for an interim injunction was heard by the court. Before today's decision, Bard voluntarily withdrew its request for injunction against the ACS RX Flowtrack(TM) 40, ACS RX Perfusion(TM), and the ACS RX Passport(TM) catheters, but maintained its request for an injunction against the RX Elipse(TM), ACS RX Streak(R), and the ACS RX Alpha(TM) catheters. Today the court deferred Bard's request, asking the Dutch Patent Office to provide an opinion on the patent before March 31, 1995. For the nine months ended September 30, 1994, 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
 of the products in question in the five European countries was less than 3 percent of Guidant's total sales.

"We are very pleased that three of our products are no longer subject to the injunction request," stated Bruce Barclay, general counsel for ACS. "We are confident that upon further review of the merits of the case, the remaining products will not be enjoined. The company invests heavily in new products which benefits our customers and their patients. We will aggressively defend that critical investment," added Barclay.

A leader in the medical device industry, Guidant Corporation provides innovative, cost-effective products and services to the global cardiology and minimally invasive surgery minimally invasive surgery Laparoscopic surgery, see there. See Laparoscopic cholecystectomy.  marketplaces. Guidant comprises Advanced Cardiovascular Systems, Inc. (ACS), Cardiac Pacemakers, Inc. (CPI (1) (Characters Per Inch) The measurement of the density of characters per inch on tape or paper. A printer's CPI button switches character pitch.

(2) (Counts Per I
), Devices for Vascular Intervention, Inc. (DVI (1) (Digital Video Interactive) An earlier compression technique that provided up to 72 minutes of full-screen video on a CD-ROM. Acquired by Intel in 1988 from RCA's Sarnoff Research labs, Princeton, NJ, DVI never caught on. ), Heart Rhythm Technologies, Inc. (HRT HRT
abbr.
hormone replacement therapy


Hormone replacement therapy (HRT)
Also called estrogen replacement therapy, this controversial treatment is used to relieve the discomforts of menopause.
), and Origin Medsystems, Inc. ACS is the worldwide leader in the development and marketing of coronary dilatation catheters for the treatment of blocked arteries in the heart.

ACS RX Alpha(TM) (coronary dilatation catheter, Advanced Cardiovascular

Systems)

RX Elipse(TM) (coronary dilatation catheter, Advanced Cardiovascular

Systems)

ACS RX Flowtrack(TM) (coronary dilatation catheter, Advanced

Cardiovascular Systems)

ACS RX Passport(TM) (coronary dilatation catheter, Advanced

Cardiovascular Systems)

ACS RX Perfusion(TM) (coronary dilatation catheter, Advanced

Cardiovascular Systems)

ACS RX Streak(R) (coronary dilatation catheter, Advanced

Cardiovascular Systems)

CONTACT: Guidant Corporation, Indianapolis

David W. Pomfret, 317/276-6765
COPYRIGHT 1995 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1995, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Jan 26, 1995
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