PRESS RELEASE
MinSURG, ODC, NuFix and Nutech Announce Settlement of Pending Litigation
CLEARWATER, FL, October 24, 2008 - MinSURG Corporation, along with its parent
company, Orthopedic Development Corporation ("ODC"), and NuFix. Inc. ("NuFix"),
along with its affiliate Nutech Medical, Inc. ("Nutech") are pleased to announce
the settlement of the lawsuits styled Orthopedic Development Corporation and
MinSurg Corporation vs. Nutech Medical, Inc., NuFix, Inc., Kenneth Horton and
Todd Gilbert, Case No. 8:08-cv-00262-T-30TCW, Orthopedic Development Corporation
vs. Nufix, Inc. and Nutech Medical, Inc., Case No. 8:OX-cv-02064-T-30-MAP,
currently pending in the United States District Court for the Middle District
of Florida, Tampa Division.
The cases were filed by ODC and MinSURG against NuFix, Nutech and their principals,
and involve various claims, including ODC's claims of infringement of ODC's
United States Design Patent No. D574,495, which protects the design of ODC's
surgical Drill Guide that is used in MinSURG's TruFUSE® Minimally Invasive
Facet Fusion Procedures and Systems. Nutech and NuFix denied all wrongdoing
and alleged various counterclaims against ODC, MinSURG and one of their principals.
The settlement calls for the dismissal of all claims, including ODC's infringement
claims and Nutech's counterclaims. Pursuant to an agreed injunction order,
NuFix has discontinued sales of its current drill guide design and has agreed
to pull its current drill guide design from the marketplace. Nutech and NuFix
have also agreed to pay ODC an undisclosed amount in order to resolve the parties'
dispute. The remaining terms of the settlement are confidential.
For more information on TruFUSE®, please visit the Web site at www.trufuse.com.
For more information on Nutech, NuFix, and the NuFix™ facet fusion products,
visit the Web site at www.nutechmedical.com.
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