Sydney, Nov 10, 2005 (ABN Newswire) - Today's agreement between Ventracor (ASX: VCR) and Heartware (ASX: HTW) removes any potential uncertainty surrounding the issue of intellectual property currently owned by either party.
Importantly, no royalty or other consideration is, or will be, paid to either party pursuant to the settlement agreement.
With this distraction behind us, Ventracor management can fully focus on the rapid commercialization of the VentrAssist. Litigation is a distraction and costly.
Ventracor remains in a position of strength relative to other medical device companies active in this area with:
- the first third generation device in US clinical trials (three US patients implanted thus far);
- approaching 40 implants globally, including the patients in the Pilot trial; and
- revenues from implantation of the VentrAssist achieved in the US and Europe.
Ventracor will continue to set an aggressive program of milestone achievement and is on track to realizing a number of key long term milestones.
ASX Statement - Settlement of Dispute 9 November 2005
Ventracor Limited (ASX: VCR) and HeartWare Limited (ASX: HTW) advise that they have signed an agreement settling the patent disputes between their respective entities.
The settlement agreement will result in the complete and final cessation of all present legal proceedings involving Ventracor and HeartWare.
Investors are advised of the following key elements of the settlement:
(a) Each of Ventracor, the University of Technology Sydney as well as HeartWare have entered into covenants not to sue one another for infringement of certain patents.
(b) No royalty or other consideration is, or will be, paid to any party pursuant to the settlement agreement and each party will absorb its own costs.
Ventracor and HeartWare each believes that this settlement is prudent and in the best interests of their respective stakeholders as it will allow each company to focus its resources on the development and commercialization of its proprietary products.
About HEARTWARE LIMITED
HeartWare is developing a family of proprietary circulatory assist devices to treat patients with congestive heart failure. HeartWare's lead device, the HVAD, commenced human clinical trials in March 2006. First sales are anticipated in late 2007. With a volume of 45cc, the HVAD is the smallest "3rd generation" pump and the only full output device implantable within the pericardial space.
In parallel with the HVAD clinical development, HeartWare is pursuing its MVAD program, aimed at developing a family of miniaturized cardiac assist devices, implantable by minimally invasive surgical techniques. The current MVAD prototype, approximately one tenth the volume of the HVAD, commenced animal studies in August 2005.
HeartWare listed on the Australian Stock Exchange (ASX: HTW) on 31 January 2005 after successfully raising A$32.4 million (US$24.95 million). HeartWare's Head Office is located in Sydney, Australia.
About STRUCTURAL SYSTEMS LIMITED
Engineering, Mining and Construction Contracting.
About Ventracor Limited
Ventracor is a global medical device company which produces an implantable blood pump, the VentrAssist left ventricular assist device (LVAD), as a therapy to improve the lives of heart failure patients. Ventracor is dedicated to building partnerships with healthcare professionals to make the VentrAssist the standard-of-care worldwide.