Comment on the press release from Prosurgics Ltd

07 Nov 2007 | News

News release from Schaerer Mayfield Imaging AG

In their press release dated of September 13th 2007, Prosurgics Ltd (“Prosurgics”) wrote that they have acquired IP and assets of Schaerer Mayfield Technologies GmbH (“SMT”) based in Berlin, Germany. In reference to this press release, it is important to clarify, that the purchase of SMTs’ business assets by Prosurgics does not affect in any way the ongoing businesses of the other members of the Schaerer Mayfield Group, namely Schaerer Mayfield Schweiz AG in Switzerland, and Schaerer Mayfield NeuroMate Sarl (“SMN”) in Lyon, France.

Before the acquisition of SMTs’ assets by Prosurgics, SMT was developing a software platform named “Guideline” which is part of the assets acquired by Prosurgics. The Guideline software comprises elements of the source code of the “Mayfield Acciss II” platform as was confirmed by an expert appointed by the insolvency agent of SMT.

The “Mayfield Acciss II” platform is owned by the former parent company of SMT, Schaerer Mayfield Imaging AG (“SMI”). As a consequence, to secure their rights and intellectual property, SMI has filed and won an injunction against Prosurgics (Landgericht Berlin, file number 15 O 794/07).

Because of this injunction, without SMIs’ prior approval, Prosurgics is prohibited to duplicate, to pass to a third party, or to develop further the Guideline platform as far at it is containing parts which are protected by copy rights of SMI.

As of today, SMI has not given this approval to Prosurgics. In addition, SMI is planning to pursue the case further in front of the German courts. Until a court decision is made, the injunction stays valid and a breach of the injunction is a breach of the laws of Germany.

SMN is the maker of the leading neurosurgical robot NeuroMate™. The NeuroMate™ has been used for over 8000 neurosurgical procedures worldwide and has FDA and CE clearance for stereotactic neurosurgical procedures, and CE mark for neuro-endoscopy applications.

Schaerer Mayfield Imaging AG
Mittelstrasse 24
CH-2560 Nidau
[email protected]
www.schaerermayfield.com

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