ILSE Intralase Corp (MM)

Suit Alleges Intellectual Property Breach, Seeks Damages IRVINE, Calif., Nov. 9 /PRNewswire-FirstCall/ -- IntraLase Corp. (NASDAQ:ILSE), manufacturer of the ultra-fast laser that is revolutionizing refractive and corneal surgery, today announced that it has filed a lawsuit in the Superior Court for the State of California, County of Orange, against Carl Zeiss AG, its subsidiary Carl Zeiss Meditec, Inc. and certain affiliates (Zeiss). The lawsuit alleges that Zeiss breached an intellectual property agreement with IntraLase by improperly using confidential and proprietary information of IntraLase which Zeiss wrongfully induced IntraLase to disclose. Among other things, the suit seeks damages for breach of contract and payment to IntraLase of all revenues and profits derived by Zeiss from the sale and use of its laser. Commenting on the suit, Robert J. Palmisano, IntraLase's President and CEO, stated, "We believe the marketplace rather than the courthouse is the appropriate arena for honest and spirited competition. However, we have a duty to protect our intellectual capital and feel we have no alternative but to take the necessary legal action to protect our interests and ensure that any competition we face is fair competition." Mr. Palmisano continued, "The IntraLase FS laser has already been used for approximately one million corneal flap procedures, the first step to LASIK surgery, resulting in superior safety and clinical outcomes. We remain confident that our advanced technology will continue to be the technology of choice for corneal surgeons worldwide." Concluding, Mr. Palmisano stated, "We intend to litigate this matter vigorously." About IntraLase Corp. IntraLase designs, develops, and manufactures an ultra-fast laser that is revolutionizing refractive and corneal surgery by creating safe and more precise corneal incisions. Delivering on the promise of ophthalmic laser technology, the IntraLase FS laser, related software, and disposable devices replace the hand-held microkeratome blade used during LASIK surgery. The unsurpassed accuracy of IntraLase's computer-controlled femtosecond laser has been shown to improve safety profiles and visual outcomes when used during LASIK. Additionally, the IntraLase FS laser creates precision-designed intracorneal incisions that when combined can be used during lamellar and penetrating keratoplasty, and intrastromal ring implantation. IntraLase is presently in the process of commercializing applications of its technology in the treatment of corneal diseases that require corneal transplant surgery. The company's proprietary laser and disposable patient interfaces are presently marketed throughout the United States and 32 other countries. IntraLase is headquartered and manufactures its products in Irvine, California. For additional information, visit the company's web site: http://www.intralase.com/. Forward Looking Statements Statements contained in this press release that are not historical information are forward-looking statements as defined within the Private Securities Litigation Reform Act of 1995. Forward-looking statements can be identified by the use of words such as "believe," "expect," "anticipate," "intend," "plan," "estimate," "project," or words of similar meaning, or future or conditional verbs such as "will," "would," "should," "could," or "may." Such forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially from those projected or implied. Those risks and uncertainties include, but are not limited to: the degree of continued acceptance of LASIK surgery; potential complications revealed by long-term follow up; the extent of adoption of our product offering by LASIK surgeons; general economic conditions; changes in federal tax laws governing the ability of potential LASIK patients to use pre-tax dollars to pay for LASIK surgery; the scope of government regulation applicable to our products; patients' willingness to pay for LASIK surgery; our ability to compete against our competitors; the effectiveness of our measures to ensure full payment of procedure fees; the occurrence and outcome of product liability suits against us; our ability to adequately protect our intellectual property; whether we become subject to claims of infringement or misappropriation of the intellectual property rights of others; the continued availability of supplies from single-source suppliers and manufacturers of our key laser components; the ability of our managers, operations, and facilities to manage our growth; the success of our expansion into markets outside the United States; whether we lose any of our key executives or fail to attract qualified personnel; or if our new products or applications fail to become commercially viable. Certain of these risks and uncertainties, in addition to other risks, are more fully described in the company's quarterly report on Form 10-Q for the period ending September 30, 2006, as filed with the Securities and Exchange Commission on October 31, 2006. These forward-looking statements are made only as of the date of this press release, and the company assumes no obligation to update or revise the forward-looking statements, whether as a result of new information, future events, or otherwise. DATASOURCE: IntraLase Corp. CONTACT: Krista Mallory, Director, Investor Relations and Corporate Communications, IntraLase Corp., +1-949-859-5230 ext. 260, Web site: http://www.intralase.com/

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