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www.fdanews.com/articles/88641-synergetics-says-it-overstated-revenue-numbers-in-patent-case

SYNERGETICS SAYS IT 'OVERSTATED' REVENUE NUMBERS IN PATENT CASE

November 6, 2006

Microsurgical instrument provider Synergetics "inadvertently overstated" the revenue figures in its recently filed motion for summary judgment in a patent dispute with laser manufacturer Iridex, Synergetics said in recent statement. The figures "included sales of products not alleged to infringe and, thus, not properly part of the potential damages calculation," the firm said.

According to reports, after a series of actions related to a dispute dating back to 1999, Iridex filed a suit against Synergetics Oct. 19, 2005, alleging that Synergetics had infringed on its patent for laser probe technology used in Iridex's EndoProbe products and other laser-delivery devices. Synergetics then pushed back with its own lawsuit against Iridex for claims including defamation, false advertising and trade libel.

"Synergetics will soon be filing further court documents that will explain other significant and positive developments in our case," Gregg Scheller, president and CEO of Synergetics, said. "These filings have the potential for dismissal of the case altogether."

The statement can be viewed at www.synergeticsusa.com/ns/pages/ir/press_releases/nov_2_2006.html (http://www.synergeticsusa.com/ns/pages/ir/press_releases/nov_2_2006.html).