Thermomedics’ Intellectual Property Found Not to Infringe on Exergen’s Invalid Patent Claims
DELRAY BEACH, Fla., June 28, 2016 (GLOBE NEWSWIRE) — PositiveID Corporation (“PositiveID” or “Company”) (OTCQB:PSID), a life sciences company focused on detection and diagnostics, announced today that the United States Court of Appeals for the Federal Circuit has affirmed a win for PositiveID’s Thermomedics subsidiary, which markets the FDA-cleared Caregiver non-contact thermometer, in the patent infringement suit brought by Exergen Corporation.
The per curiam opinion by the U.S. Court of Appeals affirms the United States District Court – District of Massachusetts’ summary judgment decision in favor of Thermomedics that the patent claims asserted against Thermomedics by Exergen are invalid. This ruling confirms that the proprietary technology incorporated in Thermomedics’ Caregiver® thermometer does not infringe any valid Exergen patent claims that were the subject of the lawsuit.
The global market for temperature monitoring devices is forecast to reach $1 billion by 2020, with infrared thermometers experiencing the fastest growth driven in part by concerns over the spread of highly infectious diseases like Ebola, according to Global Industry Analysts, Inc.
Caregiver is a clinical grade, infrared thermometer for measurement of forehead temperature in adults, children, and infants, without contact. It delivers an oral-equivalent temperature directly from the forehead in 1-2 seconds. Since there is no skin contact and Caregiver does not require probe cover supplies, it reduces the risk of cross-contamination, which is an increasing concern, and saves healthcare facilities the cost of covers (as much as $0.05 to $0.10 per temperature), storage space, and waste disposal costs. It is estimated that Caregiver can offer savings of $250 or more per year per device in probe cover supplies alone.
“We are extremely pleased that the Federal Court of Appeals affirmed the earlier summary judgment decision in favor of Thermomedics,” said William J. Caragol, Chairman and CEO of PositiveID. “This win for the Company confirms our intellectual property position for Caregiver, and we are eager to focus on continuing to grow the Thermomedics business.”
In independent clinical testing by healthcare professionals, the Caregiver non-contact thermometer was favored over the temporal artery thermometer for its speed, ease of use, patient comfort and reliability. Caregiver temperature readings also compared favorably with oral electronic thermometers.
About PositiveID Corporation
PositiveID Corporation is a life sciences tools and diagnostics company with an extensive patent portfolio. PositiveID develops biological detection and diagnostics systems, specializing in the development of microfluidic systems for the automated preparation of and performance of biological assays. PositiveID is also a leader in the specialty vehicle market, with a focus on mobile labs. For more information on PositiveID, please visit http://www.psidcorp.com, or connect with PositiveID on Twitter, Facebook or LinkedIn.
Statements about PositiveID’s future expectations, including the likelihood that the global market for temperature monitoring devices is forecast to reach $1 billion by 2020, with infrared thermometers experiencing the fastest growth; the likelihood that Caregiver can offer savings of $250 or more per year per device in probe cover supplies alone; the likelihood that the Company can continue to grow the Thermomedics business; constitute “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, Section 21E of the Securities Exchange Act of 1934, and as that term is defined in the Private Litigation Reform Act of 1995. Such forward-looking statements involve risks and uncertainties and are subject to change at any time, and PositiveID’s actual results could differ materially from expected results. These risks and uncertainties include, without limitation, the Company’s ability to target the professional healthcare market, the Company’s ability to defend itself against future litigation; as well as other risks. Additional information about these and other factors that could affect the Company’s business is set forth in the Company’s various filings with the Securities and Exchange Commission, including those set forth in the Company’s 10-K filed on April 12, 2016, and 10-Qs filed on May 16, 2016, November 12, 2015, and August 13, 2015, under the caption “Risk Factors.” The Company undertakes no obligation to update or release any revisions to these forward-looking statements to reflect events or circumstances after the date of this statement or to reflect the occurrence of unanticipated events, except as required by law.