East Hills, NY (August 16, 2007) - - Pall Corporation (NYSE:PLL) announced that the United States District Court, Eastern District of New York yesterday issued a favorable claim construction ruling in a patent infringement lawsuit against Cuno Inc, a 3M company (NYSE:MMM).
This ruling reinforces Pall's position that Cuno infringes the patents in suit and undermines Cuno's invalidity and unenforceability defenses. Pall seeks compensatory damages and a permanent injunction precluding Cuno from selling its infringing products. In 2002 the same Court ruled that an earlier Cuno product infringed the same patents.
Pall alleges that Cuno's Polypro XL and LifeAssure filters infringe two of its patents, US 5,543,047 and US 5,690,765. These patents relate to Pall's laid-over pleat technology sold under the brand name Ultipleat(R).
In Judge Joanna Seybert's Memorandum and Order, the Court acknowledged that Pall engineers developed a filter which overcame a half-century-old problem: how to make a more efficient and long-lasting filter without increasing its size. The Court wrote, "The invention was a major breakthrough, and the product became an immediate commercial success. Pall was awarded a prestigious design award in recognition of the significance of the invention."
Pall's core technology platform is in broad use in a variety of industrial markets and applications including the aerospace, food and beverage, energy and semiconductor industries. The laid-over pleat design that defines Ultipleat filters allows more filter material to be packed into a smaller envelope. This simultaneously enhances performance while lowering processing costs. This innovative technology is a two-time winner of the prestigious Vaaler Award which recognizes leading innovations in the chemical processing industry. The technology also received the "Attendees' Choice Award for Cost of Ownership" at the SEMICON West conference in 2005, which brings together "technologists and organizations that drive the future of semiconductor design and manufacturing."
The two patents mentioned above are also the subject of a suit Pall recently filed against Entegris Inc. (NASDAQ:ENTG). The Entegris suit was filed in the same Court and is pending before the same judge as in the Cuno suit. Pall is seeking compensatory damages and a permanent injunction precluding Entegris from selling its infringing products.
Eric Krasnoff, Pall Chairman and CEO said, "This recent ruling reinforces Pall's position that its patents are valuable, valid and enforceable."
About Pall Corporation
Pall Corporation is the global leader in the rapidly growing field of filtration, separation and purification. Pall is organized into two businesses: Life Sciences and Industrial. These businesses provide leading-edge products to meet the demanding needs of customers in biotechnology, pharmaceutical, transfusion medicine, energy, electronics, municipal and industrial water purification, aerospace, transportation and broad industrial markets. Total revenues for fiscal year 2006 were $2.0 billion. The Company's headquarters are in East Hills, New York, with extensive operations throughout the world. For more information visit Pall at http://www.pall.com/.
Forward-looking statements contained in this and other written and oral reports are based on current Company expectations and are subject to risks and uncertainties, which could cause actual results to differ materially. All statements regarding future performance, earnings projections, earnings guidance, events or developments are forward-looking statements. Such risks and uncertainties include, but are not limited to: changes in product mix and product pricing particularly as we expand our systems business in which we experience significantly longer sales cycles and less predictable revenue with no certainty of future revenue streams from related consumable product offerings and services; increases in costs of manufacturing and operating costs including energy and raw materials; the Company's ability to achieve the savings anticipated from cost reduction and margin improvement initiatives including the timing of completion of the facilities rationalization initiative; fluctuations in foreign currency exchange rates and interest rates; regulatory approval and market acceptance of new technologies; changes in business relationships with key customers and suppliers including delays or cancellations in shipments; success in enforcing patents and protecting proprietary products and manufacturing techniques; successful completion or integration of acquisitions; domestic and international competition in the Company's global markets; risks arising from potential material weaknesses in our control environment; potential adverse effects to our financial condition, results of operations or prospects as a result of any restatement of prior period financial statements; risks associated with our inability to satisfy covenants under our syndicated credit facility or to obtain waivers of compliance with those covenants or waivers of defaults under our debt and other agreements; potential adverse effects if we are required to recognize adverse tax- or accounting-related developments other than those previously disclosed; risks relating to litigation or regulatory inquiries associated with the restatement of prior period financial statements or other related matters; and global and regional economic conditions and legislative, regulatory and political developments. The Company makes these statements as of the date of this disclosure and undertakes no obligation to update them.
Contact Michael Forzano Pall Corporation Telephone: 516-801-9520