VISX Wins Against Nidek in Japan

Business Wire, Nov 13, 2001

Business Editors

SANTA CLARA, Calif.--(BUSINESS WIRE)--Nov. 13, 2001

VISX, INCORPORATED (NYSE:EYE) announced today that the Tokyo District Court ruled in favor of VISX. The Court held that Nidek's 2809959 Japanese Patent ("the `959 patent") is invalid and, as a result, the patent is unenforceable. On August 8, 2000, Nidek filed a patent infringement suit against VISX Japan K.K., Japan Focus Co. Ltd., and JFC Sales Plan Co. Ltd., alleging infringement of its `959 patent.

Commenting on the Court's ruling, Liz Davila, Chairman and Chief Executive Officer of VISX, said, "This is a clear win for VISX. From the beginning we believed Nidek brought this action to create uncertainty in the Japanese market. We are gratified that VISX achieved a decisive victory in this case."

VISX is the only U.S. company to receive approval from the Japanese Ministry of Health and Welfare for a laser vision correction system. It is estimated that more than half the Japanese population are myopic, or nearsighted.

Addressing the Company's market opportunity in Japan, Ms. Davila went on to say, "VISX is the industry's technology and service leader. With today's legal victory behind us, we will continue to work with our Japanese business and physician partners to educate consumers and grow the laser vision correction industry in Japan."

VISX is the worldwide leader in the development of refractive laser technology. VISX systems are commercially available in the United States and markets worldwide.