COURT
GRANTS GENERAL SURGICAL INNOVATIONS' MOTION FOR SUMMARY JUDGMENT
IN ORIGIN LITIGATION CASE
Cupertino, CA - (November 4, 1998) - General Surgical
Innovations, Inc. (GSI) (Nasdaq: GSII) today announced a major
development in its ongoing patent infringement litigation with
Origin Medsystems Inc., a division of Guidant Corporation. On
October 29, 1998, the United States District Court for the Northern
District of California granted GSI's motion for summary judgment
that Origin infringes the claims of GSI's patent no. 5,514,153,
entitled Method of Dissecting Tissue Layers, with
the use of its PDB® 1000, PDB® 2, Extra View Balloon-Round
and Extra View Balloon-Oval products for laparoscopic surgery
and VasoView products for cardiovascular surgery.
Gregory Casciaro, President and Chief Executive Officer of GSI,
stated that he was pleased that the Court's ruling reduced the
number of issues remaining for trial on January 11, 1999, at which
time only the issue of patent validity remains to be decided.
We believe that Origin has made improper use of our patented
technology. Additionally, an injunction will be sought which would
take Origin's products off the market, restoring what we believe
to be justice and equity to the marketplace, Mr. Casciaro
commented.
Earlier this year, GSI successfully defended, also by summary
judgment, a patent infringement action brought by Origin when
the United States District Court in San Jose, California, ruled
that Origin's patent was invalid as a result of inequitable conduct
on the patent office. In a follow up ruling handed down by the
court, GSI is entitled to recover its legal expenses incurred
in defending that patent infringement action. Origin has appealed
both rulings.
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 company's patented balloon technology for minimally
invasive surgical procedures. The company's 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 companyís 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, distribution relationships and demand
for the companyís products, 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 Innovationsí control,
such as strategic planning decisions by management and reallocation
of internal resources, or on factors outside of General Surgical
Innovationsí 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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