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APPLIED MEDICAL FILES COUNTERSUIT AGAINST TYCO, U.S. SURGICAL OVER THREE PATENTS

September 13, 2006

Applied Medical Resources has filed a patent infringement countersuit in the Eastern District of Texas against Tyco Healthcare and its subsidiary U.S. Surgical in response to a patent suit filed by Tyco, Applied Medical announced Sept. 12.

Tyco infringes on three Applied Medical trocar-related patents by making and selling certain U.S. Surgical STEP and VERSAPORT trocar products, Applied Medical said. A trocar is a sharply pointed shaft placed within a cannula -- a hollow tube inserted into a vein, artery, bone marrow or body cavity -- to stiffen it.

Tyco's patents in the case are also unenforceable, invalid and not infringed on, because its subsidiary, U.S. Surgical, was aware of patent-precluding prior inventions yet failed to disclose those prior inventions to the U.S. Patent Office, Applied Medical said.

This is the fourth in a series of patent infringement cases filed by Applied Medical against U.S. Surgical, Applied Medical noted.