Exhibit 99.1
Contact: | | Robert Bowen, Chief Financial Officer Anne Rivers, Investor Relations Jeff Keene, Healthcare Media Cytyc Corporation: 978-266-3010 www.cytyc.com Leslie Wolf-Creutzfeldt/Lauren Levine Media: Sean Leous FD Morgen-Walke: 212-850-5600 Lloyd Benson/Shanti Skiffington Schwartz Communications: 781-684-0770 |
FOR IMMEDIATE RELEASE
CYTYC FILES SUIT FOR DECLARATORY JUDGMENT
REGARDING TRIPATH PATENTS
Boxborough, MA, June 16, 2003 — Cytyc Corporation (Nasdaq:CYTC) announced today that it has filed a suit for Declaratory Judgment in United States District Court for the District of Massachusetts asking the Court to determine and declare that certain of TriPath Imaging, Inc.’s patents are invalid and not infringed by Cytyc’s ThinPrep® Imaging System. Patrick J. Sullivan, Cytyc’s chairman, president, and chief executive officer, stated: “We believe that this suit is necessary to address threats made by TriPath that they would sue Cytyc for patent infringement once a ThinPrep Imaging System was shipped and to foreclose efforts by TriPath to cast a cloud over Cytyc’s novel interactive imaging technology. We have reviewed TriPath’s patents and believe that Cytyc’s ThinPrep Imaging System does not infringe any valid claim of any valid TriPath patent.”
The ThinPrep Imaging System is an automated imaging and review system for use with ThinPrep® Pap Test slides. It combines imaging technology to identify microscopic fields of diagnostic interest with automated stage movement of a microscope in order to locate these fields.
Cytyc Corporation designs, develops, manufactures, and markets the ThinPrep® System for use in medical diagnostic applications primarily focused on women’s health. The ThinPrep System is widely used for cervical cancer screening and is the platform from which the Company has launched its expansion into breast cancer risk assessment with the FirstCyte™ Breast Test. The ThinPrep System consists of the ThinPrep® 2000 Processor, ThinPrep® 3000 Processor, ThinPrep® Imaging System, and related reagents, filters, and other supplies. Cytyc is traded on The Nasdaq Stock Market under the symbol CYTC.
Cytyc and ThinPrep are registered trademarks of Cytyc Corporation. FirstCyte is a trademark of Cytyc Corporation for which registration has been applied.
Forward-looking statements in this press release are made pursuant to the provisions of Section 21E of the Securities Exchange Act of 1934. Investors are cautioned that
statements in this press release which are not strictly historical statements, including, without limitation, statements relating to the Company’s financial condition, operating results and future economic performance, and management’s expectations regarding future growth opportunities, product acceptance and business strategy, constitute forward-looking statements. These statements are based on current expectations, forecasts and assumptions that are subject to risks and uncertainties, which could cause actual outcomes and results to differ materially from those statements. Risks and uncertainties include, among others, dependence on key personnel and proprietary technology, uncertainty of product development efforts, product acceptance, management of growth, risks associated with competition and competitive pricing pressures, risks associated with the FDA regulatory approval processes and any healthcare reimbursement policies, and other risks detailed in the Company’s filings with the Securities and Exchange Commission, including under the heading “Certain Factors Which May Affect Future Results” in its 2002 Annual Report on Form 10-K and its most recent Quarterly Report on Form 10-Q filed with the Commission. The Company cautions readers not to place undue reliance on any such forward-looking statements, which speak only as of the date they were made. The Company disclaims any obligation to publicly update or revise any such statements to reflect any change in Company expectations or events, conditions, or circumstances on which any such statements may be based, or that may affect the likelihood that actual results will differ from those set forth in the forward-looking statements.
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