10/31/06
Synergetics USA Inc. made its first effort at having the courts throw out a pending patent infringement lawsuit brought by Iridex Corp. against the firm. Synergetics said Thursday that it filed its first motion for summary judgment, which is a request made by the defendant, Synergetics, to the court that asserts that the plaintiff, Iridex, has raised no genuine issue to be tried based on their failure to timely bring the claim and asks the judge to rule in favor of the defense. If the court agrees, the damages and injunctive relief sought by Iridex could be eliminated altogether or significantly reduced, according to a release. The move by Synergetics stems from a suit Iridex filed Oct. 19, 2005, against Synergetics alleging patent infringement. Iridex, of Mountain View, Calif., alleged that Synergetics infringed on its patent (U.S. Patent No. 5,085,492) for laser probe technology used in its EndoProbe products and other laser-delivery devices.
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