Healthcare Industry News:  Discovery Laboratories 

Diagnostics Litigation

 News Release - December 29, 2006

Ventana Medical Systems Announces Court of Appeal Decision

TUCSON, AZ--(Healthcare Sales & Marketing Network)--Dec 29, 2006 -- Ventana Medical Systems, Inc. (NASDAQ:VMSI ) today announced that the Court of Appeal for the Federal Circuit has overturned the District Court's 2005 finding of non-infringement by BioGenex Laboratories, Inc. of Ventana's U.S. Patent No. 6,352,861. In a written opinion, the Court of Appeals agreed with Ventana and determined that the lower Court's verdict was the result of an improper claim construction. The case has been remanded to the District Court for further proceedings.

Commenting on the decision, Christopher Gleeson, Ventana's President and CEO, said, "We are pleased with the court's ruling. We believe that intellectual property, and in this case one of our bar code patents and its application in automated staining, is an important competitive differentiator and we will continue to assert and defend our positions vigorously."

About Ventana Medical Systems, Inc.

Ventana Medical Systems develops, manufactures, and markets instrument/reagent systems that automate slide preparation and staining in anatomical pathology and drug Discovery Laboratories worldwide. Ventana's clinical systems are important tools used in the diagnosis and treatment of cancer and infectious diseases. Ventana's drug discovery systems are used to accelerate the discovery of new drug targets and evaluate the safety of new drug compounds. Visit the Ventana Medical Systems, Inc., website at

Source: Ventana Medical Systems

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