Judge Raises Questions About Validity of Mykrolis Patents
East Hills, NY (January 19, 2005) - - On January 12, 2005 U.S. District Court Judge George O'Toole dissolved the injunction granted to Mykrolis (NYSE: MYK) against Pall (NYSE: PLL) relating to Pall's PhotoKleen? EZD-2 filter assemblies for the semiconductor market. In reviewing the prior art presented to the Court, Judge O?Toole found that there are serious questions about the validity of the Mykrolis patents. Thus the injunction granted on April 30, 2004 is no longer in effect. The Judge also held Pall in contempt of the injunction, which the Court has now dissolved. Pall intends to seek reversal of that ruling as incorrect.
In accordance with the Federal Rules, Pall can now seek to recover payment of costs and damages from Mykrolis that it incurred from having been wrongfully enjoined.
Pall's General Counsel, Gilbert Weiner says, "We are pleased that the Court has now held that the injunction should not have been granted, and that there are serious doubts as to the validity of the Mykrolis patents. Pall is exploring the most expeditious manner of obtaining reversal of the finding of contempt, which may include reactivation of its appeal that has been on hold pending the rulings now issued by the Court."
There were insubstantial revenues from the earlier-generation product subject to the injunction, so there is little, if any, profit to disgorge to Mykrolis. Pall's current model of the slotless PhotoKleen EZD-3 is not a part of this litigation and has not been accused of infringement.
About Pall Corporation Pall Corporation is the global leader in the rapidly growing field of filtration, separations and purification. Pall's business is organized around two broad markets: Life Sciences and Industrial. The Company provides leading-edge products to meet the demanding needs of customers in biotechnology, pharmaceuticals, transfusion medicine, semiconductors, water purification, aerospace and broad industrial markets. Total revenues are $1.8 billion. The Company headquarters are in East Hills, New York with extensive operations throughout the world. Visit Pall at http://www.pall.com/.
This release contains "forward-looking statements" as defined in the Private Securities Litigation Reform Act of 1995. These statements are based on current Company expectations and are subject to risk and uncertainties, which could cause actual results to differ materially. Such risks and uncertainties include, but are not limited to: fluctuations in foreign currency exchange rates; regulatory approval and market acceptance of new technologies; changes in product mix and product pricing and in interest rates and cost of raw materials; the Company's success in enforcing its patents and protecting its proprietary products and manufacturing techniques and its ability to achieve the savings anticipated from its cost reduction initiatives; global and regional economic conditions and legislative, regulatory and political developments; and domestic and international competition in the Company's global markets. Additional information regarding these and other factors is available on the Web at www.pall.com and is included in the Company's reports filed with the U.S. Securities and Exchange Commission. Copies of such reports can be obtained, without charge, at www.sec.gov.