Healthcare Industry News:  Suros Surgical Systems 

Devices Litigation

 News Release - February 14, 2008

Tissue Extraction Devices Files a Patent Infringement Lawsuit Against Hologic, Inc. and Suros Surgical Systems, Inc.

INDIANAPOLIS--(HSMN NewsFeed)--Tissue Extraction Devices, LLC, a privately held Indianapolis-based company focused on developing innovative medical devices, today announced that it has filed a patent infringement lawsuit against Hologic, Inc. (NASDAQ: HOLX ) and wholly-owned subsidiary, Suros Surgical Systems, Inc. Tissue Extraction Devices strongly believes that many fundamental aspects of Hologic / Suros’ ATEC® line of breast biopsy systems infringe Tissue Extraction Devices’ U.S. Patent No. 7,316,726. The suit was filed in the United States District Court for the Northern District of Illinois – Eastern Division. Tissue Extraction Devices is seeking monetary damages for past infringement and an injunction to prohibit Hologic and Suros from continuing to infringe the ‘726 Patent.

“There is no question that the ATEC® line of biopsy devices including the ATEC® Pearl, ATEC® Sapphire and the ATEC® Emerald has gained widespread acceptance,” said Tissue Extraction Devices President, Jeff Schwindt. “And while it is unfortunate that we have had to file this suit, we take matters such as these very seriously, and will not hesitate to pursue all appropriate legal channels to protect our rights.”

In addition to the ‘726 Patent, Tissue Extraction Devices also developed and owns the rights to numerous pending patent applications and a suggested interference action filed with the U.S. Patent and Trademark Office (“USPTO”) against U.S. Patent No. 6,758,824 (assigned to Hologic / Suros). The intellectual property portfolio provides numerous disclosures that can be applied to a pneumatically controlled medical device such as a breast biopsy product.

This filing represents the latest chapter in the ongoing struggle to resolve many intellectual property-related disagreements. In September 2004, Mr. Schwindt filed patent application 10/936,395 to initiate an interference action with the USPTO against the ‘824 Patent (assigned to Hologic / Suros). The purpose of this interference action is to determine the true inventor of the ‘395 application and the ‘824 Patent because without Mr. Schwindt’s contribution to the ‘824 Patent, the resulting ATEC® line of biopsy devices could not function. Since that filing with the USPTO, Tissue Extraction Devices has recently overcome the protests that were filed by Suros against every pending and issued patent application, including the ‘395 application. Tissue Extraction Devices is now looking forward to finalizing the examination of its numerous applications, and in the case of the ‘395 application, Tissue Extraction Devices anticipates a fair and speedy interference procedure to determine the true inventors of the ‘395 application and the ‘824 Patent.

About Tissue Extraction Devices, LLC

Tissue Extraction Devices, a privately held company based in Indianapolis, IN, is focused on developing innovative medical devices and related technology to meet today’s most difficult medical challenges. Currently, the company has one issued patent, U.S. Patent No. 7,316,726, and numerous pending patent applications. The president, Mr. Jeffrey Schwindt, is an accomplished inventor and also founded Air Systems Engineering, Inc. in 1993. Air Systems Engineering, also known as A.S.E., has long been a leading designer and builder of pneumatic and electric automation equipment.

Source: Tissue Extraction Devices

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