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FOR IMMEDIATE RELEASE
December 30, 2005

CONTACT:
Joseph R. Re
949-721-2889
jre@kmob.com

APPEALS COURT AFFIRMS LASIK DOES NOT INFRINGE PATENT

Irvine, California - Knobbe Martens Olson & Bear LLP announced today that the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. has affirmed a lower court ruling that the corrective eye surgery method commonly known as LASIK does not infringe a patent asserted by Koepnick Medical & Education Research Foundation.

In Phoenix, Koepnick had sued the firm's client Bausch & Lomb, and Alcon Laboratories, suppliers of LASIK equipment, and also certain Phoenix-area eye centers that perform the LASIK procedure. Last year, the lower court had dismissed the case, holding that Koepnick's patent was limited to a mechanical technique for cutting out eye tissue and thus could not also cover LASIK techniques that vaporize the tissue with a laser.

"We are obviously delighted that the appellate court upheld the lower court's decision," said Joseph Re, partner with Knobbe Martens and lead lawyer on the case.


With 179 lawyers specializing in intellectual property, Knobbe Martens Olson & Bear LLP represents clients in all areas of intellectual property law and litigation. Clients include public and private companies at various stages of growth, from start-up to the Fortune 500. Founded in 1962, the firm is one of the largest intellectual property law firms in the United States.

More information about the firm can be found on its Web site:
www.kmob.com