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ABBOTT DENIES VALIDITY OF SUTURA PATENT INFRINGEMENT SUIT

December 28, 2006

California-based Sutura has filed a patent infringement lawsuit against Abbott Laboratories and its Perclose unit in the U.S. District Court for the Eastern District of Texas. But an Abbott spokesman says the lawsuit is "without merit."

In its Dec. 21, 2006, complaint, Sutura says Abbott and Perclose have been infringing on its patents for a device used in vascular and cardiovascular suturing -- Sutura's SuperStitch device, which is covered by numerous patents dating back to 1999, according to Sutura.

"Abbott's products are covered by Abbott patents and do not infringe any valid claim of Sutura's patents," Abbott spokesman Jonathon Hamilton said.

Sutura believes Abbott and Perclose have gained more than $500 million in revenue from their Closer device at Sutura's expense, David Teckman, Sutura's president and CEO said. "We believe the Closer line of devices has directly hindered the sales growth of the SuperStitch products offered by Sutura."

Sutura is seeking unspecified damages and a court-ordered injunction barring Abbott and Perclose from making, using, importing, selling or offering for sale any device that infringes its patented SuperStitch technology, the firm said.