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| STAA > SEC Filings for STAA > Form 8-K on 3-Mar-2009 | All Recent SEC Filings |
3-Mar-2009
Regulation FD Disclosure
On March 2, 2009, a verdict was rendered in the case of Parallax Medical Systems, Inc. v. STAAR Surgical Company (California Superior Court, County of Orange, Case No. 07CC10136). Parallax, a former regional manufacturer's representative of the Company, had sought $48 million in actual damages and unspecified punitive damages for alleged willful and negligent interference with business advantage. Parallax alleged that the Company interfered when it informed a regional IOL distributor that Parallax's contract had a covenant restricting the sale of competing products. Following trial, a jury awarded Parallax approximately $2.2 million in actual damages and $2.7 million in punitive damages.
The Company intends to vigorously appeal the ruling, and believes that several significant erroneous legal and evidence rulings prejudiced the Company's defense, including the following:
• The Court instructed the jury to apply an erroneous interpretation of the law of interference that eliminated the plaintiff's need to show the Company's conduct was independently wrongful;
• The Company was not permitted to present a defense of good faith, including evidence that the Company relied on the advice of outside counsel before acting;
• The plaintiff was permitted to seek damages based on undisclosed key elements and assumptions that were relied on by the plaintiff's expert.
Safe Harbor
All statements in this press release that are not statements of historical fact
are forward-looking statements, including any statements of the intent, plans,
strategies or objectives of management, and including any statements regarding
the Company's intended appeal of the Parallax decision. These forward-looking
statements are subject to risks and uncertainties, including the risk that an
appeal may be denied or, if granted, may result in further proceedings that give
limited or no relief. STAAR's risks related to litigation and its other material
risks affecting the outcome of forward-looking statements are described in its
Annual Report on Form 10-K and Quarterly Report on Form 10-Q under the caption
"Risk Factors." STAAR assumes no obligation to update its forward-looking
statements to reflect future events or actual outcomes and does not intend to do
so.
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