O’FALLON, MO - Synergetics USA Inc. announced in a press release that the lawsuit filed by Alcon Research Ltd. against the Company in the Northern District of Texas, Case No. 4-08CV-609-Y has been stayed in its entirety until both of the patents at issue have completed re-examination in the United States Patent and Trademark Office (USPTO).
This lawsuit alleges infringement of US Patents No. 5,603,710 and 5,318,560, as well as infringement of three Alcon-owned trademarks, namely Alcon, Accurus and Greishaber.
The Court found that the stay would not prejudice or be a tactical disadvantage for Alcon and that the stay may allow the re-examination to simplify or eliminate the issues in question.
The USPTO has stated in its Ex Parte Re-examination Filing Data as of June 30, 2009, an average re-examination by the USPTO takes approximately 25 months to complete. In addition, 75 percent of the time the patent’s original claims are either canceled or changed.
“We are pleased with the Court’s findings in this case as it is unlikely that this lawsuit will have a significant impact on our financial position or be a further drain on our resources in the near future, if ever,” Synergetics USA President and CEO David Hable said.
Synergetics USA Inc. is a medical device company its mission is to design, manufacture and market innovative microsurgical instruments, accessories and disposables of the highest quality in order to assist and enable microsurgeons around the world to provide a better quality of life for their patients.
