COURT
AWARDS GENERAL SURGICAL INNOVATIONS RECOVERED
LEGAL FEES IN LITIGATION CASE WITH GUIDANT CORPORATION
Cupertino, CA - (November 6, 1998) - General Surgical
Innovations, Inc. (GSI) (Nasdaq: GSII) today announced
that the United States District Court for the Northern District
of California awarded GSI recovery of approximately $1,000,000
in attorneys' fees related to its litigation with Origin Medsystems
Inc., a division of Guidant Corporation.
Origin Medsystems accused GSI of infringement under its patent
number 5,520,609, entitled Apparatus and Method for
Peritoneal Retraction, on May 28, 1996, the day Origin's
patent issued. In April 1998, the United States District Court
for the Northern District of California ruled that Origin
had obtained this patent through inequitable conduct by misrepresenting
material facts to the Patent Office in order to gain its allowance.
The Court therefore found this patent to be unenforceable
and also ruled that GSI is entitled to recover its attorney
fees. The Court has now entered judgment in favor of GSI in
the amount of $990,000, plus pre-and post-judgment interest
on the award of those fees.
Gregory Casciaro, President and Chief Executive Officer of
GSI, stated, We are pleased to recover these legal fees
which GSI incurred defending a patent infringement action
that never should have been brought against us. With this
issue behind us, we can continue to focus on bringing the
benefits of GSIís proprietary balloon dissection technology
to a broad group of patients and physicians, continued
Casciaro.
GSI's SPACEMAKER® tissue dissection systems are based
on the company's patented balloon dissection technology and
incorporate ancillary instruments to facilitate minimally
invasive surgical procedures. Minimally invasive, or keyhole,
surgeries were initially limited to procedures carried out
within the abdominal cavity, which provided a working space
for the surgeon. Balloon dissection methods are used to create
working spaces where no naturally occurring space exists and
have enabled surgeons to extend their use of minimally invasive
techniques to a broader range of procedures. With the use
of GSI technology, patients may receive such benefits as reduced
pain and faster recovery times.
Headquartered in Cupertino, California, General Surgical
Innovations, Inc. develops, manufactures and sells tissue
dissection systems based on the companyís patented balloon
technology for minimally invasive surgical procedures. The
companyís products are specifically designed for endoscopic
and laparoscopic techniques used in general, cardiovascular,
obstetric/gynecological, orthopedic, cosmetic and reconstructive
surgeries to create an operating space at the surgical site,
lessen tissue damage and improve patient recovery time. The
company has developed a broad range of balloon shapes and
sizes to be used for various surgical techniques, procedures
and market segments. GSI distributes its products worldwide
through a network of distribution partners and a direct sales
force. For additional information, please visit the company's
World Wide Web site at www.gsii.com.
Except for the historical information contained herein, the
matters discussed in this press release are forward-looking
statements, the accuracy of which is necessarily subject to
risks and uncertainties. Future market development, among
other matters discussed in this release, may differ significantly
from the discussion of such matters in the forward-looking
statements. Such differences may be based upon factors within
General Surgical Innovations' control, such as strategic planning
decisions by management and reallocation of internal resources,
or on factors outside of General Surgical Innovations' control,
such as scientific advances by third parties, introduction
of competitive products and delays by regulatory authorities,
as well as those factors set forth under the heading Factors
Affecting Future Results in General Surgical Innovations'
Annual Report on Form 10-K for the year ended June 30, 1998
and other company filings with the Securities and Exchange
Commission.
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For
more information on General Surgical Innovations. via fax
at no cost,
dial 800-PRO-INFO
(908-544-2850 outside the U.S.) ticker symbol: GSII.
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