asx release: htw patent case.

FULL DEFENCE DOCS AVAILABLE AT HEARTWARE.COM.AU


SHAREHOLDER ANNOUNCEMENT
2 August 2005
Defence of Legal Action Initiated by Ventracor
HeartWare Limited (ASX:HTW) wishes to advise its shareholders that its subsidiary,
HeartWare, Inc., today filed its defence to the patent infringement action commenced against it
in a United States District Court by VentrAssist Pty. Limited, a subsidiary of Ventracor Limited
(ASX:VCR), and the University of Technology at Sydney (“UTS”). A copy of the
documentation lodged today with the Court is attached.
In providing its response to these allegations, HeartWare has emphatically denied infringement.
Further, in the attached documentation HeartWare maintains that the patents asserted against it
by Ventracor and UTS are invalid and unenforceable on the grounds of “inequitable conduct”.
In this regard, detailed information can be found in the attached documentation.
In addition to denying infringement, HeartWare has filed six counterclaims against Ventracor
and UTS including counterclaims seeking damages and costs based on unfair competition and
violations of United States antitrust laws. HeartWare is seeking a decision that the relevant
patents are invalid, not infringed and unenforceable.
HeartWare Chief Executive Officer Stuart McConchie commented on HeartWare’s defence as
follows:
“Ventracor has asserted that HeartWare had not denied that it was infringing VentrAssist
patents. The filing of HeartWare’s defence today with the United States District Court makes
HeartWare’s position on this issue abundantly clear; that is, there can be no doubt that we deny
infringing these patents. We intend to vigorously defend ourselves in these proceedings and are
seeking damages from Ventracor and UTS for commencing this lawsuit against us. We are
confident that our position will ultimately be upheld by the Court.
Today’s developments confirm that we remain resolute in our determination to defend both our
position and the very considerable value of our intellectual property portfolio. HeartWare will
continue to seek the best possible outcome for its shareholders.”
HeartWare ASX Announcement – 2 August 2005
2
About HeartWare
HeartWare is developing a family of proprietary circulatory heart assist devices to treat patients
with congestive heart failure. Heart failure affects 10 million people globally, with over one
million new patients diagnosed every year.
HeartWare’s first left ventricular assist device, the HVAD, is expected to commence human
clinical trials in early 2006, with first sales planned for 2007. With a volume of 45cc, the
HVAD is substantially smaller than other “third generation” full output pumps in development,
giving rise to significant potential clinical advantages. Further information on HeartWare is
available at www.heartware.com.au