PATENTS, LICENSES, TRADEMARKS AND COPYRIGHTS

We consider our proprietary technology to be important in the development and manufacture of our products. We seek to protect our technology through a combination of patents, trademarks, trade secrets, copyrights, and confidentiality agreements. We generally seek patent protection of our technology in the United States and certain foreign countries where such protection appears to be advantageous. We have received 97 issued U.S. and foreign patents, and other U.S. and foreign patent applications are currently pending. The U.S. Patent Office issued nine patents to us during 2003, 2004 and 2005. These patents are directed to the following innovations:
  • U.S. Patent No. 6,508,789 is directed to an innovative drainage catheter design
  • U.S. Patent No. 6,533,757 is directed to a further improvement to our IntelliSystem® II system for monitoring and displaying pressurization data
  • U.S. Patent No. 6,537,266 is directed to an innovative puncture guard for catheter wires
  • U.S. Patent No. 6,547,072 is directed to our innovative RingMasterTM stackable guide wire basins
  • U.S. Patent No. 6,572,590 is directed to an innovative hemostasis valve having a quick release lever
  • U.S. Patent No. 6,719,017 is directed to our DugOut® disposal basin
  • U.S. Patent No. 6,800,069 is directed to an innovative modularized infusion pump
  • U.S. Patent No. 6,814,427 is directed to innovative systems and methods for accurately measuring fluids
  • U.S. Patent No. 6,966,893 is directed to an innovative over pressurization relief apparatus.
  • We believe that our patents and pending patent applications are materially important to our business, but we do not believe that our business is dependent on securing such patents. We also operate under licenses from other owners of certain patents, patent applications, technology, trade secrets, know-how, copyrights, or trademarks. We believe, however, that no single patent, patent application, technology, trade secret, know-how, copyright, trademark, or license is material in relation to our business as a whole.

    Although certain of our patents related to inflation devices will expire in 2008 and other patents will expire thereafter, we expect that related products will continue to be valuable, in part because of proprietary innovations made since the issue of the initial patent. In 1992, we granted a license to use our patented IntelliSystem® and Monarch® inflation devices. In return, we are receiving a 5.75% ongoing royalty from the licensee, not to exceed $450,000 annually. Royalties paid for such license in each of 2005, 2004, and 2003 were $450,000.

    While we have obtained U.S. patents and filed additional U.S. and foreign patent applications, there can be no assurance that any patents we hold will provide us with any significant competitive advantages, that third parties will not challenge our patents, or that patents owned by others will not have an adverse effect on our ability to conduct business. We could incur substantial costs in preventing patent infringement, in curbing the unauthorized use of our proprietary technology by others, or in defending against similar claims of others. Since we rely on trade secrets and proprietary know-how to maintain our competitive position, there can be no assurance that others may not independently develop similar or superior technologies.

    We operate in an increasingly competitive medical technology marketplace. There has also been substantial litigation regarding patent and other intellectual property rights in the medical device industry. There are risks that our activities may require us to defend against claims and actions alleging infringement of the intellectual rights of others. If a court rules against us in any patent litigation, any of several negative outcomes could occur: we could be subject to significant liabilities, we could be forced to seek licenses from third parties, or we could conceivably be prevented from marketing certain products. Any of these outcomes could have a material adverse effect on our business.

    We have also registered or applied for registration of several trade names or trademarks. See "Products" above. We have received 120 U.S. and foreign trademark registrations, and other U.S. and foreign trademark applications are currently pending. We place copyright notices on our instructional and advertising materials and have registered copyrights relating to certain software used in our electronic inflation devices.

     

     


     

     

    25