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U.S. Patent Office Issues Notice of Intent to Allow All 26 Amended Claims of VISICU's eICU(R) Patent After Reexamination.

BALTIMORE -- VISICU, Inc. (NASDAQ:EICU) announced today that on March 8, 2006, the U.S. Patent and Trademark Office (U.S. Patent Office) issued a notice that it intends to issue an ex parte reexamination certificate in the pending reexamination proceeding allowing all 26 of the amended claims of VISICU's patent, entitled "System and method for providing continuous, expert network critical care services from remote location(s)." VISICU's patent covers a system and method for the care of critically ill patients receiving hospital care that combines a real-time, multi-node telemedicine network and an integrated, computerized patient care management system.

VISICU was issued its patent, No. 6,804,656, in October 2004. At the request of a third-party seeking to challenge the patentability of VISICU's originally issued patent claims, the U.S. Patent Office commenced an ex parte proceeding in 2005 to reexamine all 26 claims of VISICU's patent. During the reexamination proceeding, VISICU made amendments to the originally issued claims of the patent, which VISICU believes were minor in nature. In its March 8 notice of intent, the U.S. Patent Office indicated that the two independent claims of VISICU's amended patent "define over the cited prior art patents and printed publications" and that the remaining dependent claims "are patentable for the same reason." VISICU is awaiting the formal issuance of the reexamination certificate by the U.S. Patent Office.

"We are pleased that the U.S. Patent Office has decided to allow all 26 of our amended patent claims after a rigorous review through the reexamination proceeding," remarked Frank Sample, Chairman and CEO of VISICU. "This once again reinforces for us and our clients that our system for the advanced remote monitoring of ICU patients is a novel invention worthy of patent protection."


VISICU, Inc. (NASDAQ:EICU) is a healthcare information technology and clinical solutions company focused on transforming the delivery of critical care through its eICU(R) Program. The eICU Program restructures the practice of critical care by using remote monitoring technology to allow health systems to centralize scarce critical care trained staff to improve coverage and to allow for earlier intervention to prevent or manage crises. A study (Crit Care Med 2004; 32:31-38) documented the clinical and financial benefits of the program. The eICU Program enables hospitals to meet The Leapfrog Group's ICU patient care safety standards. For more information, visit VISICU(R) and eICU(R) are registered trademarks of VISICU, Inc. All rights reserved. All other brand names, product names, company names, trademarks and service marks are the property of their respective owners.

Safe Harbor Statement

Forward-looking statements in this press release are made pursuant to the provisions of Section 21E of the Securities Exchange Act of 1934. Investors are cautioned that statements in this press release that are not strictly historical statements constitute forward-looking statements. These statements are based on current expectations, forecasts and assumptions of VISICU that are subject to risks and uncertainties that could cause actual outcomes and results to differ materially from those statements. These risks and uncertainties include, among others, the possibility of unfavorable outcomes in regulatory and legal proceedings relating to VISICU's patent that are pending currently or that could be initiated in the future. The third-party referenced in this press release has requested that the U.S. Patent Office declare an interference and that VISICU's patent be revoked and a patent with identical claims be issued to such third-party. In addition, Cerner Corporation has filed a lawsuit against VISICU seeking, among other things, a declaration that VISICU's patent is invalid and unenforceable. If one or more of these current or potential proceedings were to be resolved unfavorably, VISICU's business and financial results could be adversely affected. VISICU disclaims any obligation to publicly update or revise any such statements to reflect any change in its expectations, forecasts or assumptions, or the events, conditions, or circumstances on which any such statements may be based or that may affect the likelihood that actual results will differ from those set forth in the forward-looking statements.
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Publication:Business Wire
Date:Apr 11, 2006
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