Urologix, ProstaLund and ACMI Settle Patent Infringement Lawsuit.Business Editors/Health/Medical Writers MINNEAPOLIS--(BUSINESS WIRE)--Jan. 27, 2004 Urologix(R), Inc. (Nasdaq:ULGX), ProstaLund Operations AB, ProstaLund AB and ACMI Corporation today announced that they have entered into a settlement agreement in a patent infringement lawsuit and counter lawsuit involving two of Urologix' patents related to microwave treatment for benign prostatic hyperplasia benign prostatic hyperplasia n. Abbr. BPH A nonmalignant enlargement of the prostate gland commonly occurring in men after the age of 50, and sometimes leading to compression of the urethra and obstruction of the flow of urine. . Urologix originally brought the lawsuit in March 2002 in 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. in the Eastern District of Wisconsin. Under the terms of the settlement, the parties will dismiss all pending legal claims against each other and Urologix will grant ProstaLund a non-exclusive, royalty-free license under U.S. Patent Nos. 5,230,004 ('004), 5,509,929 and 5,480,417 to sell the ProstaLund transurethral transurethral /trans·ure·thral/ (trans?u-re´thral) performed through the urethra. transurethral performed through the urethra. microwave thermotherapy ther·mo·ther·a·py n. Medical therapy involving the application of heat. thermotherapy system marketed in the United States by ACMI as the CoreTherm(R) device. In October 2002, the Court determined that the '004 patent was invalid due to a filing lapse at the United States Patent and Trademark Office The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that provides patent protection to inventors and businesses for their inventions, and trademark registration for product and intellectual property ("PTO PTO abbr. 1. Parent Teacher Organization 2. or p.t.o. please turn over 3. power takeoff PTO or pto please turn over Noun 1. "). The PTO subsequently issued an office action granting Urologix the benefit of the earlier office action on the '004 patent. Urologix filed a motion with the Court in November 2002 requesting that the Court vacate the October 2002 Order. The Court denied that motion in an April 2003 Order. Under the terms of the settlement, ProstaLund and ACMI have agreed to consent to a motion by Urologix to vacate the October 2002 Order and the April 2003 Order, both of which are interlocutory Provisional; interim; temporary; not final; that which intervenes between the beginning and the end of a lawsuit or proceeding to either decide a particular point or matter that is not the final issue of the entire controversy or prevent irreparable harm during the pendency of the Orders as to which no final judgment has been entered. All other terms of the settlement are confidential. About Urologix Urologix, Inc., based in Minneapolis, develops, manufactures and markets minimally invasive medical products for the treatment of urological disorders. The Company has developed and offers non-surgical, anesthesia-free, catheter-based treatments that use a proprietary cooled microwave technology for the treatment of benign prostatic hyperplasia (BPH BPH abbr. benign prostatic hyperplasia BPH Benign prostatic hypertrophy, a very common noncancerous cause of prostatic enlargement in older men. ), a condition that affects more than 23 million men worldwide. Urologix markets its products under the Targis(R) and Prostatron(R) names. Both systems utilize Cooled ThermoTherapy(TM) - targeted microwave energy combined with a unique cooling mechanism to protect healthy tissue and enhance patient comfort - and provide safe, effective, lasting relief of the symptoms of BPH. Over 130,000 patients have been treated with Cooled ThermoTherapy worldwide. Certain statements in this news release contain forward-looking information. Actual results may vary significantly from those anticipated in these forward-looking statements due to risks and uncertainties, including the rate of adoption of Cooled ThermoTherapy by the medical community; the ability of third-party suppliers to produce and supply products; the Company's ability to successfully defend its intellectual property against infringement and the cost and expense associated with that effort; the impact of competitive treatments, products and pricing; the development and effectiveness of the Company's sales organization and marketing efforts, developments in the reimbursement environment for the Company's products including the determination of reimbursement rates for Cooled ThermoTherapy (transurethral microwave thermotherapy), the valuation of intangible assets and other risks, including those set forth in the Company's reports filed with the Securities and Exchange Commission. About ProstaLund ProstaLund(R) is a company active in the field of medical technology since 1990. The Company is headquartered in Lund, Sweden. ProstaLund develops and sells equipment for transurethral microwave treatment of benign prostatic hyperplasia ("BPH"), including a device marketed under the name CoreTherm(TM). ProstaLund's devices treat BPH based on a unique, computer programmed microwave treatment that constantly measures the internal temperature of the prostate gland during treatment to provide feedback on the progress of the treatment to the physician. The feedback feature of ProstaLund's devices, in conjunction with other temperature sensors, produces a safe, individualized treatment with proven efficacy. In scientific studies, the method has shown comparable treatment results to TURP TURP transurethral resection of the prostate. TURP abbr. transurethral resection of the prostate Transurethral resection of the prostate (TURP) (Transurethral Resection of the Prostate Transurethral resection of the prostate (TURP) Surgical removal of a portion of the prostate through the urethra, a method of treating the symptoms of an enlarged prostate, whether from BPH or cancer. Mentioned in: Prostate Cancer ). The Company's operations are carried out in close collaboration with leading universities and hospitals around the world. ProstaLund's equipment is FDA FDA abbr. Food and Drug Administration FDA, n.pr See Food and Drug Administration. FDA, n.pr the abbreviation for the Food and Drug Administration. approved and CE marked. About ACMI ACMI, founded in 1908, is headquartered in Southborough, Massachusetts, and designs, manufactures, markets, and services minimally invasive medical devices for urology and gynecology applications. ACMI is a leading provider of endoscopy endoscopy Examination of the body's interior through an instrument inserted into a natural opening or an incision, usually as an outpatient procedure. Endoscopes include the upper gastrointestinal endoscope (for the esophagus, stomach, and duodenum), the colonoscope (for the equipment that illuminates, provides visualization, and facilitates therapeutic treatments for urologists and gynecologists. |
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