NORCROSS, Ga., March 10—SurgiLance™, a designer and manufacturer of safety medical devices, issued a formal statement to its U.S. medical product customers last week in response to an ongoing patent infringement case involving a competing medical product manufacturer, Owen Mumford, Inc.
The statement, in part, addresses a September 15 Owen Mumford, Inc. news release and the release of a new medical product from SurgiLance called the One-Step Plus.
The text of SurgiLance's statement to its customers follows:
Dear SurgiLance Customers:
It has recently come to our attention that Owen Mumford, Inc. (OM) has continued to discuss its pending patent infringement case with our customers. While we would prefer to resolve our dispute with OM within the court system, we believe that it is important to set the record straight on several matters.
The court's order, dated September 2, 2003, referenced in OM's press release dated September 15, 2003, did not prohibit SurgiLance from selling the One-Step product. While the court has made several rulings in this case, to date, no injunction requiring the cessation of sale has been issued. Thus, SurgiLance remains legally entitled to continue selling the current One-Step product.
SurgiLance strongly disagrees with the conclusions reached by the court as to whether the One-Step violates the OM patent. SurgiLance is in the process of preparing an appeal in this case for submission to the Federal Circuit Court of Appeals, which handles the appeal of patent cases. We are confident that the Court of Appeals will overturn the rulings in this case.
The OM patent that is the subject of this dispute is held for a design that OM has never actually produced. It is a patent that exists on paper only and is nearing its expiration. SurgiLance believes that OM is using this "paper patent" to attempt to deprive valued customers like you from having access to better performing competitive products like the One-Step.
As evidence of our continued commitment to the evolution of quality safety products, we have recently announced the addition of the One-Step Plus line of safety lancets to our product line. The One-Step Plus product has not been involved in the Owen Mumford patent case, and is not the subject of any court rulings. We are confident that the new One-Step Plus does not infringe the OM patent and we have obtained an opinion from patent counsel to that effect. We have also filed a new patent application for the One-Step Plus in order to legally protect our new design.
Despite this recent distraction, please be assured that we will continue to meet your lancet needs with the innovative safety products you have come to expect from us. As always, SurgiLance will continue to both aggressively support and respond to the needs of our customers in any and every way possible. We stand behind the quality, safety and design of our product line with 100-percent confidence, and look forward to continuing to provide you with quality products in the years to come.
Thank you for your continued support.
Sincerely,
Hugh Cooper
President
SurgiLance, Inc.
SurgiLance's One-Step Plus Safety Lancet features an improved delivery system that makes blood sampling quicker, easier and more comfortable for the patient. End-users will recognize the consistency, safety and ease of use that they have become accustomed to with the One-Step brand.
The One-Step Plus has not changed in appearance and is administered to the patient in exactly the same manner as the One-Step. Distribution of the new One-Step Plus safety lancet is scheduled to begin in the United States this month after current stocks of the One-Step are depleted.
The OM patent case only applies in the United States as OM does not have a similar patent outside the country.
Ed. note: This release was published prior to MediPurpose™ changing its name from its prior company name—SurgiLance—in 2006.
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