Urologix benign prostatic hyperplasia patent lawsuit dismissed.

Urologix, Inc. (Minneapolis, MN), reported that its patent infringement claims based on United States Patent 5,234,004, one of two patents asserted against ProstaLund AB, ProstaLund Operations AB ("ProstaLund"), and ACMI Corporation have been dismissed by the United States Court for the Eastern District of Wisconsin. ProstaLund and ACMI were granted a partial summary judgment that Urologix' United States Patent 5,234,004 is invalid. The Court ruled that United States Patent 5,234,004 was not entitled to the benefit of an earlier filing date of a parent application. Urologix intends to appeal the ruling.

Urologix indicated that the same United States District Court had previously rejected similar claims of invalidity related to United States Patent 5,234,004 in 1998, upholding the validity of the patent . Urologix acquired this patent in 2000 as part of the acquisition of the Prostatron product line from EDAP TMS S.A.

Urologix filed the patent infringement action against ProstaLund and ACMI in March 2002 seeking an injunction prohibiting the manufacture, use, sale, or offer for sale of the "ProstaLund Feedback Treatment." The company's original suit alleged that ProstaLund's microwave device and method, for which it is seeking pre-market approval from the FDA, and its agreement with ACMI to distribute this device, infringes on its United States Patents 5,234,004 and 5,509,929. The Court has yet to make a determination on Urologix' infringement claims under United States Patent 5,509,929. Urologix expects a decision on claims related to United States Patent 5,509,929 in the near-term.

Urologix develops, manufactures and markets minimally invasive medical products for the treatment of urological disorders. The company has developed and offers non-surgical, anesthesia-free, catheter-based treatments that use a proprietary cooled microwave technology for the treatment of benign prostatic hyperplasia, a condition that affects more than 23 million men worldwide. Urologix markets its products under the Targis and Prostatron names. Both systems utilize Cooled ThermoTherapy -- targeted microwave energy combined with a unique cooling mechanism to protect healthy tissue and enhance patient comfort -- and provide safe, effective, lasting relief of the symptoms of benign prostatic hyperplasia. Since 1991, more than 80,000 men worldwide have been successfully treated with Cooled ThermoTherapy.

Urologix, Inc.
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