RITA Medical Systems Responds to Boston Scientific Patent Lawsuit

April 15, 2002 at 12:00 AM EDT
RITA Medical Systems Responds to Boston Scientific Patent Lawsuit

RITA Medical Systems Responds to Boston Scientific Patent Lawsuit

MOUNTAIN VIEW, Calif., April 15 /PRNewswire-FirstCall/ -- RITA Medical Systems, Inc. (Nasdaq: RITA) said today that a patent infringement lawsuit was filed against the Company on April 11, 2002 in U.S. District Court for the Northern District of California by a competitor, Boston Scientific Corporation (NYSE: BSX), through its wholly owned subsidiaries, RadioTherapeutics Corporation and Scimed Life Sciences, Inc. The suit alleges that certain of RITA's products infringe a patent licensed by RadioTherapeutics (U.S. Patent No. 5,855,576) and another owned by Scimed (U.S. Patent No. 5,584,872). The Company said it believes the lawsuit is without merit, and it will vigorously defend against it.

"Our radiofrequency ablation products are routinely chosen over those of our competitors, and it now seems that Boston Scientific is attempting to win in the courts what it cannot win in the marketplace," said RITA Medical Systems President and Chief Executive Officer Barry Cheskin. "We believe our intellectual property position is extremely strong."

As of February 28, 2002, RITA had 46 issued patents worldwide and more than 50 United States and foreign patent applications pending. RITA is currently involved in a patent interference action and a patent opposition action involving Boston Scientific, through its subsidiary, RadioTherapeutics. Regarding the opposition, RITA recently announced that the European Patent Office (EPO) had determined that RITA was entitled to a European patent (EP 0 777 445) with 27 claims, despite the opposition proceeding brought by RadioTherapeutics, which had sought to invalidate the patent. Further, in August 2001, RITA sued RadioTherapeutics for infringement of six of RITA's patents.

About RITA Medical Systems, Inc.

RITA Medical Systems develops, manufactures and markets innovative products for patients with solid cancerous or benign tumors. The proprietary RITA system uses radiofrequency energy to heat tissue to a high enough temperature to ablate it or cause cell death. While the Company's current focus is on liver cancer, the Company believes that its minimally invasive technology may in the future be applied to other types of tumors, including tumors of the lung, bone, breast, uterus, prostate and kidney. The Company has received regulatory clearance in major markets worldwide, including the United States. In March 2000, RITA became the first radiofrequency ablation company to receive specific FDA clearance for unresectable liver lesions in addition to its previous general FDA clearance for the ablation of soft tissue. The Company has sold over 35,000 of its disposable devices throughout the world.

The statements in this news release related to the company's plans to extend its technology to applications beyond the liver are forward-looking statements involving risks and uncertainties that could cause actual results to differ materially from those in such forward-looking statements. Further information regarding these and other risks is included in the Company's filings with the Securities and Exchange Commission.

RITA is a trademark of RITA Medical Systems, Inc.

For further information, please contact investors, Matt Clawson, matt@allencaron.com, or media, Len Hall, len@allencaron.com, both of Allen &

Caron Inc, +1-949-474-4300, for RITA Medical Systems, Inc.; or Don Stewart, Chief Financial Officer of RITA Medical Systems, Inc., +1-650-314-3400, dstewart@ritamed.com.

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SOURCE RITA Medical Systems, Inc.
Web site: http: //www.ritamedical.com
CONTACT: investors, Matt Clawson, matt@allencaron.com, or media, Len Hall, len@allencaron.com, both of Allen & Caron Inc, +1-949-474-4300, for RITA Medical Systems, Inc.; or Don Stewart, Chief Financial Officer of RITA Medical Systems, Inc., +1-650-314-3400, dstewart@ritamed.com