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 January 9, 2007 FOR IMMEDIATE RELEASE DEPUY SPINE PATENT DISPUTE AGAINST ALLEZ SPINE SET FOR TRIAL IN CALIFORNIA FEDERAL COURT DePuy Spine Claims Allex Violated Pedicle Screw Patent RAYNHAM, MA, January 9, 2007 - DePuy Spine, Inc. announced today that a trial date has been set for its patent infringement lawsuit against Allez Spine, a California-based company. The case will move to trial in U.S. District Court for the Central District of California on December 4, 2007, after a judge yesterday denied a motion for a preliminary injunction filed by DePuy Spine that would have stopped the sale of the Allez pedicle screw system that DePuy Spine claims infringed its patent. "We were not surprised by this preliminary ruling, but pleased that the court has set the case for trial so quickly," said Gary Fischetti, President, DePuy Spine. "We are confident the court will find that our patent has been violated and we look forward to the trial. If we are successful at trial, we will ask the court to issue a permanent injunction barring sales of the Allez pedicle screw system." In December, the U.S. Court of Appeals for the Federal Circuit upheld a lower-court decision that Medtronic Sofamor Danek's MAS screw system violated the same DePuy Spine patent and must pay DePuy Spine $25 million in damages. The U.S. Court of Appeals also revived DePuy Spine's infringement claim against Medtronic Sofamor Danek's Vertex screw system and sent that claim back to the District Court for further proceedings. This dispute involves U.S. Patent No. 5,207,678. Pedicle screws are used in spinal surgery to correct a variety of spinal defects. Biedermann Motech GmbH, a supplier of medical and orthopedic products based in Germany, owns the patent in question and DePuy Spine is the exclusive worldwide licensee. About DePuy Spine DePuy Spine, a Johnson & Johnson company, has worked and partnered with leading clinicians, researchers, and thought leaders to develop products to treat spine disorders for over 20 years. The company is committed to advancing the knowledge of all health care professionals and their patients in addressing spinal pathologies. #### (Source: DePuy Spine, Inc.) |
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