driver
- 17 Jul 2005 15:08
Medisys PLC (MDY) Providing innovative solutions to the rapidly growing point-of-care diagnostic and healthcare worker safety markets. For more than 35 years, companies in the Medisys group have been advancing healthcare through development, manufacture and distribution of revolutionary medical products. The Group's mission is to become a leading worldwide provider of diagnostic systems and medical safety products enabling rapid, cost effective, on-site delivery of healthcare solutions.
For more than three decades, Medisys' primary operating unit, Hypoguard, has been devoted to advancing personal and professional healthcare management. The Company's core focus is diabetes glucose self-monitoring - a rapidly growing market of nearly $5 billion worldwide.




'Medisys-group.com'
'Hypoguard.com'
15/02/2006
Medisys reported a 'considerable improvement' in trading during the first four months of its financial year, and said the business has been cash-flow neutral for the year to date.
The medical products company said competition in its core long-term care blood glucose monitoring business has not intensified. A drop in sales amid intense competition in the market caused a fall in sales and profits last year.
Sales volumes have recovered to previous highs by cutting prices and offering various promotions, Medisys reported this morning.
Margin improvements have been achieved faster than originally anticipated, it added. The company has benefited from cost saving measures implemented in the second half of the last financial year and cost reductions for its proprietary biosensor products.
Meanwhile, it has completed the development and manufacturing scale up of the first of the new systems it has designed for Menarini, the fifth largest worldwide branded marketer of blood glucose monitoring systems.
While the launch date is not yet clear, (Around March 1) Medisys predicted that sales of the products will be one of its key revenue growth drivers in the current financial year.
LATEST ON MDY V'S ROCHE COURT CASE
MDY V'S ROCHE COURT CASE Case IS Dismissed. http://www.moneyam.com/InvestorsRoom/posts.php?tid=8721#lastread
My apologies for any one that was on MDY it looks like we have been stitched up like a kipper the sale of Hypoguard blood glucose monitoring business at that price looks like an sp of 3p against the close of 6.4p what can I say no one could have seen this coming a total sell out and that is what I have done.
paulmasterson1
- 17 Jul 2005 16:23
- 3 of 256
Driver Hi,
I know a lot of people got burnt by MDY, especially after the safety syringe failure/fiasco, and the last interims stated that the blood glucose monitoring was not producing the results expected, due to the very 'competetive' market for MDY products.
The lastest deal may make a difference, but IMVHO it is a long way off, as Menarini may have a deal, but they haven't shown they can sell MDY products into a competetive market yet.
Cheers,
PM
Medisys PLC
23 June 2005
Embargoed until 0700 23 June 2005
Medisys PLC
('Medisys' or 'the Company')
Unaudited Interim Results for the Six Months Ended 31 March 2005
Financial Highlights
Turnover decreased by 16% to 14.2 million (2004: 16.8 million) including
0.9 million impact of the weakening in US Dollar/Sterling exchange rate
Gross margin, before exceptional items decreased to 24% (2004: 40%)
Administration costs before exceptional items reduced by 18% to 2.1 million
as cost reductions take effect;
Operating loss before exceptional items and amortisation 2.5 million
(2004: 0.3 million);
Loss before tax 3.3 million (2004: 1.1 million)
Loss per share before exceptional items 0.69p (2004: 0.41p)
Exceptional items of 6.8 million reflecting write-off of Futura Safety
Syringe assets
Business Highlights
Favourable judgement in relation to Roche Method Patent litigation as
announced earlier this week; litigation relating to infringement of other
patent continues;
Intensified competition in the Company's core Long Term Care ('LTC') market
results in decreased sales and reduced gross margins;
Sales of products into LTC were 6.5 million in the period (2004: 9.1
million at a constant exchange rate);
Sales of Advance Micro-draw, principally to Liberty Medical were 2.9
million (2004: 1.0 million) ;
New production equipment now commissioned and improved gross margin on
Advance Micro-draw anticipated towards the end of the financial year;
New supply agreement with Stada Arzneimittel A.G. for supply of Advance
MicroDraw in German market;
Agreement with major pan-European marketing partner close to signature;
Cost cutting initiatives expected to reduce overheads in 2006 by 2m
David Wong, Chairman commented: 'The first half of the year has been difficult
as the previously reported increased competitive pressure in the LTC market
segment persisted. The Company is responding to the competition by selectively
reducing prices and by developing special promotional programmes for certain
customers. We are already beginning to see some new business being generated by
these activities. Despite these actions it is clear that it will take some time
for this situation to improve and continuing poor financial performance is
anticipated for the remainder of the financial year.
I am pleased at the positive development announced earlier this week on the
Roche litigation. While it is difficult to quantify the precise impact, I
believe that the market perception of the litigation has adversely affected our
competitive position. The reduced threat should add a positive impetus to our
recovery in the LTC segment.
'Today's announcement of a new supply agreement with Stada Arzneimittel in
Germany is a further important step in the expansion of our international
business. Also in Europe we are at the final stages of agreeing a formal
contract with a major pan-European marketing partner and we are confident that
this will be finalised and signed shortly. We anticipate that these
developments, together with our cost reduction initiatives, will help restore
the Company's financial performance to more acceptable levels in the next
financial year.'
Enquiries:
Medisys PLC (23/06/05) 020 7067 0700
Michael Barry, Chief Financial Officer (Thereafter) 01394 387333
Weber Shandwick Square Mile 020 7067 0700
Kevin Smith/John Moriarty
Embargoed until 0700 23 June 2005
http://www.uk-wire.com/cgi-bin/articles/200506230700369348N.html
=======================================================
Medisys PLC
14 July 2005
For Immediate Release 14 July 2005
Medisys PLC
('Medisys' or 'the Company')
Medisys Announces Major Strategic Alliance With Menarini Diagnostics
Medisys announces that its Hypoguard subsidiary has entered into a marketing and
distribution agreement (the 'Agreement') with A. Menarini Industrie
Farmaceutiche Riunite S.r.l. ('Menarini Group').
Under the Agreement, Hypoguard will provide the Diagnostic Division ('Menarini
Diagnostics') of Menarini Group with a panel of blood glucose monitoring
systems, based on the project 'Ferrara', that has been exclusively engineered
for Menarini Diagnostics. The new systems will offer market-leading features
including micro blood sample size and quick read-time together with an
attractive ergonomically designed full-featured meter. The Ferrara project,
which is based on the Company's proven Advance Micro-draw system, represents
another step forward in terms of the Company's proprietary biosensor technology
and is in the final stages of production scale-up. The recently completed
manufacturing capacity upgrade at Hypoguard's Minneapolis facility is sufficient
to accommodate the volumes anticipated under the Agreement. The Menarini glucose
monitoring systems developed according to the Ferrara project will be marketed
under Menarini Diagnostics brand name(s).
http://www.uk-wire.com/cgi-bin/articles/200507140706208676O.html
paulmasterson1
- 17 Jul 2005 16:38
- 5 of 256
Driver Hi,
It will be interesting to watch both I think.
I saw the news on MDY when the Menarini RNS came out, so having held them about 2 years ago, I thought about maybe buying some. I tried a dummy buy and sell on IWeb, and I could buy loads, but I couldn't sell any, probably because the MM's have so many to get rid of first, so I didn't bother.
I bought the two MPM trades on Friday, 350,000 @ 1.375 plus the 31910 @ 1.43, and with the brokers note giving a DCF of 6.24p, a rise to 4p or 5p is quite possible, in the short term.
What do you think MDY will rise to in the short term ?
Cheers,
PM
paulmasterson1
- 17 Jul 2005 18:46
- 7 of 256
Driver Hi,
OK, thanks :)
I notice sequestor is not stalking you everywhere, posting personal attacks on you, and attacks on your stocks, he is deranged, and reported to abuse.
See my MPM BB, and you will see why.
Cheers,
PM
moneyman
- 17 Jul 2005 22:51
- 8 of 256
Lets try keeping on topic !
Sequestor
- 18 Jul 2005 20:23
- 10 of 256
Sequestor
- 19 Jul 2005 10:04
- 12 of 256
calm down driver its` not likely to alter the share price or the angle of the worlds axis,I haven`t even mentioned you as a ramper.
enjoy the rise.
Sequestor
- 19 Jul 2005 10:33
- 14 of 256
rejoice driver rejoice,as Maggi said ,
did you see the late Ted Heath on tele last night he was asked at the time she was removed if it was true that when the news of the sacking was telephoned, he said "rejoice, rejoice", a pause for effect then he replied:-
" not true i said ` rejoice, rejoice,rejoice`"
Sequestor
- 19 Jul 2005 14:30
- 16 of 256
spread`s a bit sharp just now drive- hope you bgt. a while back
g`luck
oops sorry just looked at the chart- hope you bgt. at the low might be kinder-lol
moneyman
- 20 Jul 2005 22:06
- 20 of 256
Recovered well towards close.
moneyman
- 22 Jul 2005 22:19
- 22 of 256
July 14, 2005 - Hypoguard Announces Major Strategic Alliance With Menarini Diagnostics
Hypoguard ("Hypoguard" or "the Company")
Hypoguard announces that it has entered into a marketing and distribution agreement (the "Agreement") with A. Menarini Industrie Farmaceutiche Riunite S.r.l. ("Menarini Group"). Under the Agreement, Hypoguard will provide the Diagnostic Division ("Menarini Diagnostics") of Menarini Group with a full family of blood glucose monitoring systems, based on the project Ferrara', that has been exclusively engineered for Menarini Diagnostics. The new systems will offer market-leading features including small blood sample size and quick read-time, together with an attractive, ergonomically designed full-featured meter. The Ferrara project, which is based on the Hypoguard's Advance Micro-draw system, represents another step forward in terms of the Company's proprietary biosensor technology and is in the final stages of production scale-up. The recently completed manufacturing capacity upgrade at Hypoguard's Minneapolis facility is sufficient to accommodate the volumes anticipated under the Agreement. The Menarini glucose monitoring systems will be marketed under Menarini Diagnostics brand name(s).
Hypoguard has granted Menarini Group rights to sell the new systems world-wide, with the exception of the USA, Canada and Mexico. Menarini Diagnostic is finalizing its launch plans, but is anticipated to introduce the systems in its key European territories within approximately six months. The Agreement provides for an initial term of eight years with a mechanism for the term to be extended. In keeping with the long-term nature of the alliance, the Agreement also provides for other Hypoguard products (such as next generation systems and products customized for specific market niches) to be made available exclusively to Menarini Diagnostics for distribution as and when they are developed.
Menarini Group, with Headquarters in Florence, Italy, is a research-based pharmaceutical company with annual revenues exceeding 1.9 billion Euros and 12,000 employees throughout the world. Menarini Diagnostics has a well established blood glucose monitoring business throughout Europe and certain other international territories. Menarini Diagnostics employs approximately 750 people.
David Wong, Chairman of Hypoguard's parent company, Medisys PLC, commented: "We are delighted to become a long-term strategic partner of Menarini's diagnostics division, which is a leading player across Europe. Menarini is a highly respected and long established medical products company and we believe that this alliance will enable Hypoguard to rapidly expand the presence of its products in the European market."
Crescenzio Izzo, General Manager of Menarini Diagnostics commented:
"The strategic partnership with Hypoguard will provide us a strong basis for our continued growth in blood glucose monitoring, making full profit of Hypoguard's capacity for product innovation coupled with our strengths in marketing."
- Ends -
Contact:
Hypoguard 800-818-8877
Jonathan Chapman
driver
- 28 Jul 2005 08:19
- 25 of 256
For Immediate Release 28 July 2005
Medisys PLC
('Medisys' or 'the Company')
Committed Share Finance Facility
Medisys announces that it has entered into an agreement with the Headstart Group
of funds ('Headstart') under which Headstart will make available to the Company
a committed share finance facility of up to 4,000,000 (the 'Headstart
Facility').
Pursuant to the terms of the Headstart Facility, Headstart has agreed, when
called upon by the Company, to subscribe for, or purchase, new ordinary shares
in the capital of the Company ('Ordinary Shares') to the value of up to, in
aggregate, 4,000,000. The Headstart Facility is available at any time up to 28
January 2008 and is capable of being drawn down by the Company in increments of
up to 125,000. The subscription price for an Ordinary Share shall be equal to
95% of the lowest closing bid price of an Ordinary Share in the ten trading days
following the date on which the Company notifies Headstart that it wishes to
make a draw down under the Headstart Facility.
As announced on 14 July 2005, Hypoguard Limited (a subsidiary of the Company)
has entered into a long-term strategic marketing and distribution agreement with
Menarini to supply the Ferrara blood glucose monitoring system to Menarini to
market under its own brand. It is anticipated that the proceeds from the
Headstart Facility will be used to fund additional working capital needs
associated with Menarini's European launch of Ferrara.
The Headstart Facility is in addition to the Company's overdraft facility of up
to 2,500,000 with the Bank of Scotland. The Company recently agreed with the
Bank of Scotland to reduce the amount available to it under the overdraft
facility from 5,000,000. The Board believes that anticipated cash flows from
operations, together with the available bank facility and the Headstart
Facility, will be sufficient to finance the Group's operations for the
foreseeable future.
In consideration for Headstart making available the Headstart Facility, the
Company has agreed to pay Headstart a one-off fee of 120,000 payable in cash or
by the issue of Ordinary Shares (on the basis of an agreed value per Ordinary
Share of 4.2p, being the closing bid price on 26 July 2005). The Company has
elected to satisfy this fee by issuing 2,857,142 Ordinary Shares to Headstart.
Accordingly, application has been made to the UK Listing Authority for these
shares to be admitted to the Official List and to London Stock Exchange plc for
these shares to be admitted to trading on its market for listed securities. It
is expected that admission to listing will become effective and that dealings in
these shares will commence on 1 August 2005. In addition, the Company has issued
warrants to Headstart granting the right to subscribe for up to 4,000,000
Ordinary Shares at a subscription price of 4.62p per share, being a price equal
to 110% of the closing bid price of the Company's shares on 26 July 2005. Such
warrants are exercisable at any time on or before 27 July 2008.
- Ends -
moneyman
- 28 Jul 2005 22:17
- 26 of 256
Lower cost for borrowing "if needed". I am expecting big things once Roche has been put behind us.
Come on MDY
moneyman
- 30 Jul 2005 00:32
- 28 of 256
Out with the old in with the new. Wait for the big hitters to be announced then we will really see the SP move higher..
driver
- 31 Jul 2005 23:05
- 29 of 256
Nicholas Piramal plans big diagnostics push
MUMBAI: Homegrown pharma major Nicholas Piramal is planning to scale up its presence in the diagnostics segment.
After its break up with Roche Diagnostics last year, the company has entered into global agreements with three companies exclusively for the diagnostics business.
Nicholas Piramal has signed alliances with Diasys GmbH, a German firm, Hypoguard, a UK-based company part of the Medisys group, and Cholestech, a US-based company. Sources said that the company is likely to regain about 50% of sales within the first year itself.
Last year, while Nicholas Piramals alliance with Roche was active, the company registered sales of Rs 72.6 crore from Roches diagnostic products in India.
In an attempt to fill the vacuum created by the loss of Accu-Chek, a blood glucose monitoring system and a key product in Roches diagnostics portfolio, the Nicholas Piramal-Hypoguard alliance has introduced three products that comprise the blood glucose monitoring portfolio the Advance Micro-draw, QuickTek and the Diascreen range of products.
This range is expected to contribute the largest chunk to the diagnostics portfolio.
Sources said that the products have been launched at an introductory price, which is comparable with that of other blood glucose monitors.
Nicholas Piramal had launched GDX, a more advanced diagnostic system for diabetes, through its alliance with Cholestech. GDX measures the HbA1c, which is an average of blood sugar control for the last three months.
Diasys GmbH of Germany will provide Nicholas Piramal with a range of diagnostic equipment and reagents for the high-end diagnostic portfolio.
The company has also increased the strength of its field force. As Roche took over Nicholas Piramals field force related after the break up, the company has to put in place a new dedicated field force for its diagnostics business.
NICHOLAS PIRAMAL INDIA LTD
driver
- 31 Jul 2005 23:08
- 30 of 256
Nicholas Piramal Q1 net spurts 11%
JULY 29: Nicholas Piramal India Ltd (NPIL) has registered an 8.8% growth in net sales and 11.1% growth in net profit for the first quarter of FY2006. Net profit grew to Rs 54.13 crore, compared with Rs 48.74 crore in Q1FY05. This resulted in an EPS for the quarter of Rs 2.8 per share, compared with Rs 2.5 per share in Q1FY05. Speaking to FE, Nicholas Piramal chairman Ajay Piramal said the domestic formulations business has grown 14%, compared to last year, when it was badly affected. This growth was also high compared to the industry growth rate of 2.4%. The exports of the company also grew by 49%. The company also discontinued its diagnostics business last year. The company has presence in the US, but this is in the custom manufacturing space, and hence, has not been affected by the recent price pressures, Mr Piramal added. Recovering from the VAT impacted January-March quarter, NPIL delivered over 20% growth in seven of the nine therapeutic areas in which the company operates. Performance was particularly strong in CVS, CNS, anti-diabetic and dermatology segments. During the quarter, NPIL commenced Phase I/II clinical trials in Canada on its oncology lead molecule NP-276. Regulatory permission for trials is awaited from Indian regulatory authorities. In the quarter, Nicholas Piramal also signed a letter of intent for subscribing to a 17.1% equity stake in Biosyntech Inc Canada, a specialty biotech research company.
bhunt1910
- 02 Aug 2005 09:00
- 33 of 256
Nice volumes again this morning and another little rise - coming out of the doldrums methinks
baza
bhunt1910
- 02 Aug 2005 21:34
- 36 of 256
Hi Driver - yes got back in this morning with 50,000 @5.5 - perhaps a little late - but I made a few bob last time round - mind still got some way to go before I make up for my earliest forays into MDY.
Baza
driver
- 03 Aug 2005 08:08
- 38 of 256
The Roche hearing has concluded on Monday and the judge is out, mdy are waiting his decision on the out come of the case.
01/08/2005
Plaintiffs appear by counsel, Don Knebel, Lynn Tyler. Defendants appear by counsel, Bob Busby, Shannon Landreth, Jack Matney, Rebecca LeGrand, Aaron Maurer, Barbara McCurdy, Eric Puknys, and Jackie Bennett. Court Reporter is Glen Cunningham. Markman hearing is held and concluded. Matter is taken under advisement.
bhunt1910
- 03 Aug 2005 14:01
- 40 of 256
.......but no tick up !! - yet
Baza
paulmasterson1
- 10 Aug 2005 13:19
- 43 of 256
Driver Hi,
Are MPM ahead on percentage now, since you laid down the gauntlet ?
Cheers,
PM
andysmith
- 16 Aug 2005 21:00
- 46 of 256
Looks like folk waiting for resolution of court case as sp drops.
On my watchlist though as I know people who hold have belief this will go to 10p.
moneyplus
- 12 Sep 2005 14:05
- 48 of 256
just bought in driver---hope we're lucky!!
bhunt1910
- 12 Sep 2005 18:06
- 51 of 256
Hi Driver - yep still in - but only have 50,000 at moment - contemplating whether to buy more
Baza
bhunt1910
- 13 Sep 2005 09:44
- 53 of 256
Any idea when the news might come through ??
Baza
driver
- 14 Sep 2005 08:55
- 55 of 256
No decision yet but it looks encouraging.
DATED: September 13, 2005
277
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION
ROCHE DIAGNOSTICS CORPORATION, ROCHE DIAGNOSTICS OPERATIONS, INC., and CORANGE INTERNATIONAL LTD.
v.
APEX BIOTECHNOLOGY CORP., and HYPOGUARD USA, INC.,
_________________________________________ )
DEFENDANTS MOTION TO COMPEL PRODUCTION OF DOCUMENTS RELATING TO TESTING OF ACCUSED PRODUCTS FOR INFRINGEMENT OF U.S. PATENT NO. RE. 36,268
Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, Defendants Apex Biotechnology Corp. and Hypoguard USA, Inc. (collectively Apex), by their attorneys, respectfully move the Court to order Plaintiffs Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc., and Corange International Ltd. (collectively, Roche) to produce any and all documents and things responsive to Apexs various interrogatories and requests for production regarding product testing, and to produce a witness or witnesses to testify on Roches behalf as to each subject identified in Defendants Notice of Rule 30(b)(6) Videotaped Deposition of July 26, 2005. While Apexs discovery requests pertain to both of Roches patents-in-suit, Apex has offered to compromise for now, and accordingly limits this motion to only information related to the unenforceable U.S. Patent No. Re. 36,268. In support of this motion, Roche states:
1. On February 20, 2004, Barnes & Thornburg LLP initiated this action on behalf of Roche by filing a Complaint alleging infringement of U.S. Patent No. 5,366,609 (the 609 Patent) and U.S. Patent No. Re. 36,268 (the 268 Patent) by Apex and several other Defendants. Donald E. Knebel executed the Complaint on behalf of Barnes & Thornburg in its capacity as counsel for Roche. Roche filed an Amended Complaint on April 23, 2004, signed by Helen K. Geib. By executing the Complaint and Amended Complaint, Mr. Knebel and Ms. Geib certified that Barnes & Thornburg had complied with the prefiling requirements imposed by Rule 11 of the Federal Rules of Civil Procedure.
2. Neither the Complaint, the Amended Complaint nor Plaintiffs July 21, 2004, Disclosure of Asserted Claims and Preliminary Infringement Contentions contain any description of extrinsic evidence that would support an objectively reasonable conclusion that Defendants products infringe Roches patents and that an infringement suit is not frivolous. In particular, they contain no evidence of adequate prefiling testing to determine whether Apexs accused products met the claim limitations in the 268 patent, such as Cottrell current and substantial completion, as construed by this Court in prior litigation between Roche and Bayer Corporation. Roche Diagnostics Corp. v. Inverness Med. Tech. et al., Ct. No. IP 00-1103-C-M/F (Roche v. Bayer litigation).
3. On August 4, 2004, Apex served its First Set of Interrogatories to Roche. Among other things, Apex asked Roche to [d]escribe [its] construction of the meaning of each element of each claim of the 268 patent that [it] contend[s] has been infringed and to identify, among other things, any extrinsic evidence that [it] contend[s] support[s] [its] construction.
4. On August 4, 2004, Apex served a First Set of Requests for Production from Roche. This set of requests contained numerous requests relevant to the issue of prefiling product testing, including Request Nos. 18, 22, 28, 29, 30, 31, and 33.
5. On September 13, 2004, Roche served a response to Apexs First Set of Interrogatories that failed to provide any useful information about any testing that may have occurred either before or after Roche filed suit.
6. Roches Responses to the First Set of Requests for Production, served on September 13, 2004, were not accompanied by any documents pertaining to testing performed by or on behalf of Plaintiff to determine whether any of Defendants products or methods infringe any claim(s) of any of the Patents-in-Suit, with the one exception of a document entitled Competitive Product Analysis: Hypoguard Assure 3 and created by Theron, Inc. in June 2003.
7. On December 2, 2004, Apex served its Second Set of Interrogatories to Roche asking, among other things, for the identity of all entities or persons who have conducted or been involved in any reverse engineering study or analysis and for all documents and things . . . that refer or relate to the reverse engineering study, analysis, meetings, discussions, or conferences, including but not limited to any reverse engineering reports.
8. On January 11, 2005, Roche served a response to Apexs Second Set of Interrogatories that provided none of the details requested. Neither did it explain Roches reasons for claiming privilege for any withheld documents.
9. On July 26, 2005, Apex filed a Notice of Rule 30(b)(6) Videotaped Deposition of Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc. and Corange International, Ltd. representative(s), identifying twenty-seven matters relating to product testing that it intended to examine in a deposition scheduled for August 29, 2005.
10. Ms. Geib of Barnes & Thornburg LLP indicated, in an August 10, 2005 telephone conference with Robert W. Busby, Jr. of Baker & McKenzie LLP, that additional testing-related documents exist but have been withheld as privileged documents. See Letter from Robert W. Busby, Jr. to Helen K. Geib (Aug. 12, 2005) (Exh. 16 to Memorandum).
11. On August 12, 2005, Apex provided Roche with a detailed list of each of the documents on the Roche privilege log that appeared to be related to product testing and requesting a fuller description of each. Id.
12. On August 22, 2005, Roche served its Responses and Objections to Apexs Notice of Rule 30(b)(6) Videotaped Deposition and refused to provide any witnesses to answer even the most basic of questions, except with regard to matters 13, 14, 17, 18, and 19, and then only to the extent that the questions seek non-privileged information relating to the June 2003 Theron report. Roche refused to provide any witnesses at all to testify on 22 of the 27 matters listed in the Rule 30(b)(6) notice.
13. On August 23, 2005, Roche responded to Apexs letter and provided a revised privilege log for some documents. Roches privilege log, as revised, contains numerous references to testing-related documents. The entries referring to product testing, however, do not contain sufficient explanations to establish either the nature of the documents or the basis for Roches failure to produce them. To date, Roche has provided Apex with nothing more than conclusory statements in its discovery responses and infringement contentions filed per the Courts Case Management Plan.
14. On August 26, 2005, Apex contacted counsel for Roche by e-mail and requested that Roche provide copies of withheld documents relating to any testing of the 268 patent, including documents originally contained in the produced file folder labeled RDPC 03041 Evaluation of Hypoguard ASSURE 1,2,3 & Medline EvenCare System 1 of 2. These were documents falling within the production range RDC1229796-1229935 and previously identified by Roche as being relevant to the product testing issue. Letter from Helen K. Geib to Robert W. Busby, Jr. (Aug. 23, 2005) (Exh. 17 to Memorandum). In addition, documents to or from a person identified only as Consulting Expert 2 are apparently related to the 268 patent. Id. Roche has refused to provide copies of any of these documents.
15. As discussed in the accompanying Memorandum, Rule 11 requires that in a patent infringement case, counsel must conduct an independent and objectively reasonable claim construction and infringement analysis before filing suit. This requires that counsel obtain a sample of each accused device and compare its actual design and function to the construed claims. Once the issue has been raised, the burden is on plaintiffs counsel to demonstrate that it complied with the prefiling requirements of Rule 11. Roche is refusing to do so on the grounds that all of the relevant documents are both privileged and subject to the work product doctrine.
16. As also discussed in the Memorandum, none of the documents in Roches revised privilege log pages that are identified as related to the 268 patent are privileged. Moreover, while some (but not all) of the documents may be work product, a party cannot hide behind the work product exception where, as here, the requesting party has exhausted all means of trying to obtain the withheld information, the patent at issue is invalid and unenforceable, the attorneys conduct is at issue, and the need for the items identified as work product is compelling.
17. Accordingly, Roche has a continuing obligation to produce all of the documents requested in Apexs various interrogatories and requests for production that relate to product testing of the Apex accused products, and Roche should produce one or more knowledgeable witnesses to testify on the matters identified in Apexs July 26, 2005 Rule 30(b)(6) notice. In particular, Roche must produce the documents listed on its August 23, 2005 revised privilege log pages and identified as relating to Consulting Expert 2, the third party that Roche indicates examined the Apex products in light of the 268 patent.
18. As a result of Roches continuing shell game, its refusal to provide the information requested by pointing instead to each of its previous conclusory, nonresponsive answers, Apex and the Court have no means to determine how Roche ever concluded that Apexs accused products allegedly met the claimed limitations of the 268 patent. Simply put, absent relief from the Court, Apex has no way of determining how Roche allegedly determined before filing suit that Apexs products supposedly met complex claim limitations in the 268 patent claims such as Cottrell current and substantial completion. This is especially noteworthy given that these terms in the asserted 268 patent claims already had been construed by this Court in the Roche v. Bayer litigation, two years before Roche filed suit against Apex.
WHEREFORE, Apex respectfully moves the Court, pursuant to Rules 26 and 37 of the Federal Rules of Civil Procedure, to order Roche to produce any and all documents related to the 268 patent and responsive to Apexs discovery requests described above, and to produce a witness or witnesses to testify on the matters outlined in Defendants July 26, 2005 Notice of Rule 30(b)(6) Videotaped Deposition. Apex asks the Court to require, as an absolute minimum acceptable response, that Roche (1) provide the identity of Consulting Expert 2; (2) produce the following documents withheld from production:
Bates Nos.
RDC1229837-1229839
RDC1229840-1229841
RDC1229854-1229854
RDC1229909-1229912
RDC1229801-1229801
RDC1229807-1229807
RDC1229913-1229914
RDC1229915-1229915
RDC1229916-1229916
RDC1229917-1229917;
and (3) produce a witness knowledgeable about the prefiling investigation, if any, that Roche conducted to determine whether each of the Apex accused products infringed the 268 patent.
DATED: September 13, 2005
APEX BIOTECHNOLOGY CORP. and HYPOGUARD USA, INC.
Respectfully submitted,
wispaman - 14 Sep'05 - 08:01 - 686 of 687
277-2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION
ROCHE DIAGNOSTICS CORPORATION, ROCHE DIAGNOSTICS OPERATIONS, INC.,
and CORANGE INTERNATIONAL LTD.,
v.
APEX BIOTECHNOLOGY CORP., HYPOGUARD USA, INC.,
ENTRY ON DEFENDANTS MOTION TO COMPEL PRODUCTION OF DOCUMENTS RELATING TO TESTING OF ACCUSED PRODUCTS FOR INFRINGEMENT OF U.S. PATENT NO. RE. 36,268
The Court, having received Defendants Motion to Compel Production of Documents Relating to Testing of Accused Products for Infringement of U.S. Patent No. Re. 36, 268, and the supporting memorandum (Apexs Motion to Compel), and all responses and replies to Defendants Motion, and being duly and fully advised in the premises:
IT SHALL BE AND IS HEREBY ORDERED THAT:
(1) Apexs Motion to Compel is GRANTED;
(2) Plaintiffs shall answer in full all interrogatories related to testing of the Defendants accused products against the claim limitations of U.S. Patent No. Re. 36,268, regardless of whether attorney-client privilege or the work product exception has previously been claimed for such documents; Plaintiffs responses shall include the full name, present or last known address, telephone number, and present or last known place of employment of the person or persons identified only as Consulting Expert 2 in the revised privilege log entries served on Defendants on August 23, 2005;
(3) Plaintiffs shall produce any and all documents and other tangible things related to testing of the Defendants accused products against the claim limitations of U.S. Patent No. Re. 36,268, regardless of whether attorney-client privilege or the work product exception has previously been claimed for such documents; these documents shall include but are not limited to the following:
Bates Nos. RDC1229837-1229839
RDC1229840-1229841
RDC1229854-1229854
RDC1229909-1229912
RDC1229801-1229801
RDC1229807-1229807
RDC1229913-1229914
RDC1229915-1229915
RDC1229916-1229916
RDC1229917-1229917;
(4) Plaintiffs shall produce a witness or witnesses to testify on the matters outlined in Defendants July 26, 2005 Notice of Rule 30(b)(6) Videotaped Deposition; and
(5) Plaintiffs shall comply with this Order within thirty (30) days of the date of this Order.
ENTERED: __________________
_____________________________
Hon. V. Sue Shields
Magistrate Judge
bhunt1910
- 14 Sep 2005 09:19
- 57 of 256
ok - I give in - so in a nutshell - what does all that legal stuff mean ??
Baza
bhunt1910
- 14 Sep 2005 10:19
- 59 of 256
Thanks Driver - lets hope so
Baza
bhunt1910
- 27 Sep 2005 12:39
- 61 of 256
Here we go
Medisys PLC
27 September 2005
For Immediate Release 27 September
2005
Medisys PLC
('Medisys' or 'the Company')
Roche Complaint for Patent Infringement
Court Makes Favourable Finding on 609 Patent Claim Construction
Medisys announces that the US District Court (Southern District of Indiana
Indianapolis Division) has issued an Order on Claim Construction (the 'Order')
for US Patent Number 5,366,609 (the '609 Patent') in Roche's Complaint for
Patent Infringement filed in February 2004 against Hypoguard (along with certain
other defendants) in respect of the Assure products.
The 609 Patent is the remaining patent in issue following the Courts prior
ruling in June of this year that the other patent that Roche claimed was being
infringed was unenforceable as a result of inequitable conduct before the US
Patent and Trademark Office during the prosecution of that patent.
The Order sets out how the Court has determined that the terms used in the 609
Patent shall be construed in an infringement trial to determine whether the
product in issue (being Assure 3 in the case of Hypoguard) actually infringes
the 609 Patent. Under the Court's timetable, such an infringement trial is
currently scheduled to take place in the latter part of 2006. However, based
upon the Order, Hypoguard now plans to file a motion to ask the Court to dismiss
Roche's Complaint on the basis that by applying the Court's claim construction,
no reasonable jury could find that the Assure 3 product infringes the 609
Patent.
The Board is pleased with the Court's findings in relation to the construction
of the 609 Patent claims and remains confident of a successful outcome to this
litigation, without cost to Medisys. To date, all costs associated with
Hypoguard's defence of the claims have been paid by Apex (the manufacturer of
the Assure, Assure II and Assure 3 products) under the terms of an indemnity
given by Apex.
- Ends -
bhunt1910
- 27 Sep 2005 12:47
- 62 of 256
Well that made a big difference to the sp - NOT
Baza
moneyplus
- 27 Sep 2005 14:10
- 63 of 256
decent size buys and sp up a little--this is better than most of mine today!! rotten day all round with Dil rubbing it in about yoo results as well--I'm going for some retail therapy!
bhunt1910
- 27 Sep 2005 14:47
- 64 of 256
A bit better now - up 20%
Baza
bhunt1910
- 29 Sep 2005 07:44
- 66 of 256
Medisys PLC
29 September 2005
For Immediate Release 29 September 2005
Medisys PLC
('Medisys' or 'the Company')
Draw down Under Committed Share Finance Facility
Medisys announces that it is drawing down 125,000 under the Committed Share
Finance Facility Agreement (the 'Agreement') announced by the Company on 28th
July 2005 with the Headstart Group of funds ('Headstart').
Pursuant to the terms of the Agreement, Headstart has subscribed, subject to
admission, for 4,385,965 new ordinary shares in the capital of the Company
('Ordinary Shares'). The subscription price for each Ordinary Share is 2.85p.
Application has been made to the UK Listing Authority for 4,385,965 Ordinary
Shares to be admitted to the Official List and to London Stock Exchange plc for
these shares to be admitted to trading on its market for listed securities. It
is expected that admission to listing will become effective and that dealings in
these shares will commence on 4 October 2005.
- Ends -
bhunt1910
- 29 Sep 2005 15:17
- 70 of 256
Must confess to have been watching seo most of the day
baza
driver
- 06 Oct 2005 16:57
- 71 of 256
Some new stuff has gone on the
LATEST ON MDY V'S ROCHE COURT CASE page 6/10/2005
http://www.moneyam.com/InvestorsRoom/posts.php?tid=8721#lastread
bhunt1910
- 06 Oct 2005 18:40
- 72 of 256
Can someone interpret that lot in words of one syllable please ???
Baza
paulmasterson1
- 06 Oct 2005 22:19
- 73 of 256
Driver Hi,
The MDY v MPM challenge you proposed a few months ago, seems MPM are going nowhere, and MDY has dropped back to where it was back then !
I think MPM will be putting out some news soon, it is due I believe, then we may have 'game on' again :)
Cheers,
PM
bhunt1910
- 07 Oct 2005 10:19
- 76 of 256
I understand that bit - moi aussie driver
moneyman
- 07 Oct 2005 17:17
- 79 of 256
Hope that the press also pick up on this over the weekend.
driver
- 19 Oct 2005 12:01
- 81 of 256
New stuff on the cc, on the cc Page link below
Its looking positive.
http://www.moneyam.com/InvestorsRoom/posts.php?tid=8721#lastread
bhunt1910
- 19 Oct 2005 12:29
- 82 of 256
Driver - I have baled out of these pro tem - used the proceeds to top up in SEO when they were at 13
BazaV
bhunt1910
- 19 Oct 2005 13:27
- 84 of 256
They are still on my watch list
Cheers
Baza
driver
- 20 Oct 2005 11:27
- 85 of 256
moneyman
- 20 Oct 2005 22:46
- 87 of 256
Looks like we are getting closer to the case being thrown out. Ref to posts on ADVFN from Wispa.
moneyman
- 15 Nov 2005 21:39
- 93 of 256
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
ROCHE DIAGNOSTICS CORPORATION,
Plaintiff,
vs.
APEX BIOTECHNOLOGY CORP, et. al.,
Defendants.
)))
) 1:04-cv-0358- LJM/VSS
)))
ENTRY FOR NOVEMBER 15, 2005
MAGISTRATE JUDGE V. SUE SHIELDS
This cause is set for a settlement conference on November 22, 2005 at 9:30 A.M. in
Room 256, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana, before the
Honorable V. Sue Shields.
Unless excused by order of the court, clients or client representatives with complete
authority to negotiate and consummate a settlement shall attend the settlement conference along
with their counsel. This requires the presence of each party, or the authorized representative of
each corporate, governmental, or other organizational entity. For a defendant, such
representative must have final settlement authority to commit the organization to pay, in the
representatives own discretion, a settlement amount up to the plaintiffs prayer, or up to the
plaintiffs last demand, whichever is lower. For a plaintiff, such representative must have final
authority, in the representatives own discretion, to authorize dismissal of the case with
prejudice, or to accept a settlement in the amount of the defendants last offer. Any insurance
company that is a part, or is contractually required to defend or indemnify any party, in whole or
in part, must have a fully authorized settlement representative present at the conference. Such
representative must have final settlement authority to commit the company to pay, in the
Case 1:04-cv-00358-LJM-VSS Document 312 Filed 11/15/2005 Page 1 of 3
representatives own discretion, an amount within the policy limits, or up to the plaintiffs last
demand, whichever is lower. If trial counsel has been fully authorized to commit the client to
pay or to accept in settlement the amount last proposed by the opponent, in counsels sole
discretion, the client, client representative, or insurance company, as applicable, need not attend.
Counsel are responsible for timely advising any involved non-party insurance company of the
requirements of this order. The purpose of this requirement is to have in attendance a
representative who has both the authority to exercise his or her own discretion, and the
realistic freedom to exercise such discretion without negative consequences, in order to
settle the case during the settlement conference without consulting someone else who is not
present.
Each party shall submit (not file) a confidential settlement statement directly to the
magistrate judge no later than two business days prior to the conference, setting forth the
relevant positions of the party concerning factual issues, issues of law, damages, and the
settlement negotiation history of the case, including a recitation of any specific demands and
offers that have been conveyed.
Copies to:
Case 1:04-cv-00358-LJM-VSS Document 312 Filed 11/15/2005 Page 2 of 3
List of names.....
bhunt1910
- 16 Nov 2005 08:14
- 94 of 256
Back in this morning @ 2.80
katcenka
- 16 Nov 2005 08:49
- 96 of 256
20p by close on that good news then
bhunt1910
- 16 Nov 2005 08:52
- 97 of 256
Wouldn't that be nice - but somehow - I doubt it.!!!
But I will still cross my fingers
Baza
katcenka
- 16 Nov 2005 10:03
- 99 of 256
yes but how much is the settlement going to be, I heard Apex is paying Roche rather than the other way round, whats that about
katcenka
- 16 Nov 2005 10:08
- 100 of 256
A D V F N is down, power cut maybe
driver
- 22 Nov 2005 14:12
- 102 of 256
driver
- 29 Nov 2005 17:39
- 103 of 256
moneyplus
- 30 Nov 2005 00:39
- 104 of 256
finals on Dec 9th-maybe we'll get some good news.
moneyplus
- 08 Dec 2005 11:31
- 107 of 256
driver how long are you holding on this one for a result--1year or longer?? I'm happy to wait I just wondered when the orders will start producing a lift in sp. tomorrow I hope.
Diablo666
- 08 Dec 2005 11:41
- 108 of 256
All
posted this on a different thread...
MDY
Activity the past 48hrs - looks like a possible yoyo on the way again...
DYOR - obviously
Next few days could well be interesting.
666
moneyplus
- 08 Dec 2005 16:52
- 110 of 256
cheers driver-this is another like pcm needs patience. MP
driver
- 09 Dec 2005 08:14
- 111 of 256
Results out
CURRENT TRADING AND PROSPECTS
The current financial year is at an early stage, but to date trading has been in
line with expectations. Growth is expected to come primarily from the biosensor
based products, specifically through the alliance with Menarini and from the
introduction of the Assure Pro system into the LTC market. In addition the cost
savings realised in the latter part of 2005 will help to improve the financial
performance of the Group in the current year.
The Roche Case
The Directors remain of the opinion that Hypoguard shall be successful in
defending against the remaining claim. To date, all costs associated with
Hypoguard's defence of the claims have been paid by Apex Biotechnology Corp, the
manufacturer of the Assure products, under the terms of an indemnity provided by
Apex to Hypoguard
http://moneyam.uk-wire.com/cgi-bin/articles/200512090700343972V.html
bhunt1910
- 09 Dec 2005 08:33
- 112 of 256
Time to abandon I think - maybe too late
moneyman
- 06 Jan 2006 18:46
- 115 of 256
Is this the bottom ? I would imagine that all the bad news must be factored in now !
moneyplus
- 06 Jan 2006 18:48
- 116 of 256
hope so--I knew this might be a long haul but I hope we might see a small sign of life soon !
driver
- 06 Jan 2006 21:52
- 117 of 256
mp
The cc should be decided in January we hope in favour of MDY then there will be some movement in the sp.
All good points from another board.
Production Capacity
As announced previously, during the second half of the year the Group took
delivery of the final pieces of the production and packaging equipment acquired
to increase production capacity for the biosensor range of products. The new
production equipment was fully commissioned towards the end of the year and the
Group now has sufficient capacity to support its business with Menarini and
Liberty, and to cover additional expansion of the products in the US and
international markets.
The increased automation afforded by the introduction of this equipment has
resulted in reduced manufacturing costs and the expected reduction in cost of
goods for the Advance Micro-draw product. Much improved margins were seen during
the last few months of the year, and further improvements are anticipated as the
manufacturing process is further automated, and as volumes increase.
Medisys announced earlier in the year that the US District Court (Southern
District of Indiana Indianapolis Division) found one of the two patents in issue
in the infringement litigation to be unenforceable as a result of inequitable
conduct before the US Patent and Trademark Office during the prosecution of the
patent.
Subsequent to this announcement, Hypoguard was informed that the Court had
issued an Order on Claim Construction for Patent infringement on the remaining
patent in issue. This Order sets out how the Court has determined that the terms
used in the patent shall be construed in an infringement trial to determine
whether the product in issue (in this case, Assure 3) actually infringes the
patent. As a result of this Order, Hypoguard filed a motion asking the Court to
dismiss Roche's Complaint on the basis that, by applying the Court's Claim
Construction Order, no reasonable jury could find that the Assure 3 product
infringes the patent. It is anticipated that the Court will hear the motion in
early 2006.
The Directors remain of the opinion that Hypoguard shall be successful in
defending against the remaining claim. To date, all costs associated with
Hypoguard's defence of the claims have been paid by Apex Biotechnology Corp, the
manufacturer of the Assure products, under the terms of an indemnity provided by
Apex to Hypoguard.
CURRENT TRADING AND PROSPECTS
The current financial year is at an early stage, but to date trading has been in
line with expectations. Growth is expected to come primarily from the biosensor
based products, specifically through the alliance with Menarini and from the
introduction of the Assure Pro system into the LTC market. In addition the cost
savings realised in the latter part of 2005 will help to improve the financial
performance of the Group in the current year.
As noted earlier, the automation equipment commissioned in the latter part of
the year for the Advance Micro-draw products will ensure that improved cost of
goods, and subsequently margins, are achieved during the first half of 2006.
moneyplus
- 07 Jan 2006 14:09
- 118 of 256
thanks Driver--sounds encouraging we will have to be patient and if bold I should continue to add!! I'm boldly waiting with Yoo Dgt and Pcm must make some dosh soon perhaps 2006 is the year--maybe not an island in the carribean but a nice little flat in Majorca would do me! cheers MP
driver
- 07 Jan 2006 23:46
- 119 of 256
new boy
- 08 Jan 2006 21:09
- 120 of 256
British Bulls have got this one as buy confirmed, reached rock bottom give it a few months this will be back at 4 -5p good news permitting
moneyman
- 09 Jan 2006 11:35
- 121 of 256
Did you see updated news on court case ?
driver
- 09 Jan 2006 11:38
- 122 of 256
moneyplus
- 09 Jan 2006 16:35
- 124 of 256
just added a few today in the hope they've hit bottom!!
hangon
- 16 Jan 2006 15:29
- 127 of 256
Maybe MDY Management can now look to the tatters that was their business - maybe to finding some replacement products to replace the needle-business that was so much - and then so little.
The sp stood about 7p last AGM (early 2005, )
It is now about 2p
That's a loss of 66% - grief that says a lot of folk wanted out.
Come-on MDY- - - find new products - ou could improve investor confidence by having a 1-year halt on all share-options and Director incentives -( they don't work )- what's wrong with "pride in one's work?"
I hold MDY.
moneyman
- 16 Jan 2006 16:15
- 129 of 256
See ADVFN MDY thread is over-run by idiots !
driver
- 21 Jan 2006 17:25
- 131 of 256
moneyplus
- 21 Jan 2006 17:58
- 133 of 256
driver are you sure they are not agreeing to mutually settle--therefore no winners but at least a resolution.
moneyman
- 22 Jan 2006 15:30
- 135 of 256
Good news on the court case posted over at ADVFN this weekend.
driver
- 22 Jan 2006 20:02
- 136 of 256
moneyman
- 02 Feb 2006 21:24
- 139 of 256
STIPULATION OF DISMISSAL WITH PREJUDICE
A settlement having been reached, the above-identified parties, through their
undersigned attorneys, hereby stipulate and agree pursuant to Fed. Rule Civ. P. 41 that the Plaintiffs Amended Complaint and the Defendants Amended Counterclaims in this case be dismissed with prejudice. The parties further stipulate that the Court shall retain jurisdiction over any disputes arising out of or related to the parties Confidential Settlement Agreement. Each of these parties will bear its own costs and attorneys fees.
Respectfully submitted,
s/Lynn C. Tyler
Donald E. Knebel
Larry A. Mackey
Lynn C. Tyler
Paul B. Hunt
Helen K. Geib
BARNES & THORNBURG LLP
11 South Meridian Street
Indianapolis, Indiana 46204
s/Robert W. Busby
Robert W. Busby
W. Jackson Matney, Jr.
Baker & McKenzie LLP
815 Connecticut Avenue, N.W.
Washington, DC 20006
driver
- 02 Feb 2006 21:25
- 140 of 256
It looks like its finely over. case be dismissed.
2/02/2006 21hrs
324
STIPULATION OF DISMISSAL WITH PREJUDICE
A settlement having been reached, the above-identified parties, through their
undersigned attorneys, hereby stipulate and agree pursuant to Fed. Rule Civ. P. 41 that the Plaintiffs Amended Complaint and the Defendants Amended Counterclaims in this case be dismissed with prejudice. The parties further stipulate that the Court shall retain jurisdiction over any disputes arising out of or related to the parties Confidential Settlement Agreement. Each of these parties will bear its own costs and attorneys fees.
Respectfully submitted,
s/Lynn C. Tyler
Donald E. Knebel
Larry A. Mackey
Lynn C. Tyler
Paul B. Hunt
Helen K. Geib
BARNES & THORNBURG LLP
11 South Meridian Street
Indianapolis, Indiana 46204
s/Robert W. Busby
Robert W. Busby
W. Jackson Matney, Jr.
Baker & McKenzie LLP
815 Connecticut Avenue, N.W.
Washington, DC 20006
325
This matter came before the Court upon the Stipulation of Dismissal of the plaintiffs,
Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc., and Corange International,
Ltd. and the defendants, Apex Biotechnology Corporation, Hypoguard USA, Inc., and Medline
Industries, Inc. The Court, being duly advised, it is hereby
ORDERED that the Plaintiffs Amended Complaint and the Defendants Amended
Counterclaims are DISMISSED WITH PREJUDICE, with each party to bear its own costs and
attorneys fees.
IT IS FURTHER ORDERED THAT the Court shall retain jurisdiction over any
disputes arising out of or related to the parties Confidential Settlement Agreement.
SO ORDERED.
moneyman
- 02 Feb 2006 21:27
- 141 of 256
Too slow ! ;-)
moneyman
- 02 Feb 2006 21:34
- 143 of 256
Good luck 2u2
driver
- 03 Feb 2006 12:49
- 147 of 256
LONDON/ZURICH (Reuters) - Medisys said on Friday the operator of its U.S. blood glucose monitoring system had settled a patent row with Swiss drugmaker Roche, sending its shares over 14 percent higher.
At 10:15 a.m. Medisys (MDY.L: Quote, Profile, Research) shares were up 14.3 percent at 2.2 pence, valuing the firm at 11.9 million pounds.
Medisys said Hypoguard USA, the operator of its U.S. blood glucose monitoring business, and other parties, had settled a patent case brought by Roche in 2004.
"Apex Biotechnology Corporation, Hypoguard USA, Incorporated, Medline Industries, Inc. and Roche Diagnostics Corp. have agreed to a settlement favourable to all parties for the patent infringement lawsuit pending in the United States District Court Southern District of Indiana on January 31, 2006," Medisys said in a statement.
Analysts welcomed the deal, terms of which were not disclosed.
Michael King at Nomura Code Securities said the settlement dispelled fears that Medisys might have to pay royalties to Roche, which would have a negative impact on its earnings.
"This is clearly the final sorting out of it. It's a relief that the issue is no longer hanging over the stock," he said.
biffa18
- 03 Feb 2006 16:40
- 149 of 256
not sure its a sell as in middle range could of been a average buy over the days trade ,would of thought a sell would of been 2 or below
moneyplus
- 07 Feb 2006 16:42
- 151 of 256
a lot more interest in MDY now-I'm hoping they start to climb soon.
moneyplus
- 07 Feb 2006 16:55
- 153 of 256
Hi driver--still waiting for a flicker of life from PCM so no millions in that direction!!
so have added a few more MDY in hope of a bit of blue. Have you looked at OEP?
another long term one but I tucked away a few despite a comment from my brother that my coffin will be lined with long term share certificates!! no faith some people. cheers MP
moneyplus
- 14 Feb 2006 14:48
- 157 of 256
added a few more--building up my stake nicely!!
moneyman
- 14 Feb 2006 17:45
- 158 of 256
Buy it all the way up. Nobrainer.
biffa18
- 15 Feb 2006 08:56
- 160 of 256
come on guys and girls iv just made a bomb this morning others must of as well and not one post !!
bhunt1910
- 15 Feb 2006 09:05
- 161 of 256
I sold out last year - having held for about 3 years - and lost patience - good luck to you guys who are still holding - up 35% so far today - and looking good.
Baza
tudwick
- 15 Feb 2006 09:16
- 162 of 256
still miles to go for me having originally bought for 17p a few yrs ago !! I guess it's cutting my losses little by little....
bhunt1910
- 15 Feb 2006 10:38
- 163 of 256
I kept mine originally to reduce my CGT for this year - makes quite a dent
bhunt1910
- 15 Feb 2006 15:06
- 166 of 256
Hi driver - mainly in Chaco and VOG - but still also have my original holding in SEO and BPRG
andysmith
- 15 Feb 2006 20:40
- 168 of 256
Glad to see these recover for you Driver, did you add at 2-3p? Been travelling with work so missed the conclusion of dispute with Roche which is my main rerason for holding back, also I think they were taking money at lower and lower sps?? or I am confused?? Anyway, IYHO, where do you see sp if current improved progress is maintained? Andy
moneyplus
- 16 Feb 2006 00:56
- 170 of 256
nice shade of blue for me too--cheers driver! 10 to 15p will be great. in a year's time who knows!!
moneyman
- 16 Feb 2006 09:17
- 172 of 256
driver what I mean is that this is one of the best recovery stocks out there.
bhunt1910
- 16 Feb 2006 09:28
- 173 of 256
driver - got back in yesterday with a small punt @ 4.1 - lets see what happens now
biffa18
- 16 Feb 2006 11:53
- 176 of 256
sold out @4.9 i think will buy back at 4pish to sharp a rise i think so short termers will sell up
power station
- 22 Feb 2006 18:52
- 178 of 256
next news....next rise...next week..
moneyplus
- 24 Feb 2006 15:30
- 180 of 256
sounds like--stand on the edge and hold your nose!! this will probably send the sp up according to sod's law. still holding!
markcokeanderson
- 03 Mar 2006 16:48
- 183 of 256
DRIVER I HAVE BEEN TOLD THESE ARE THE METERS THAT ARE BEING REPLACED BY
THE NEW GLUCOMEN VISIO YOU WILL FIND THEM IN THE MARCH - APRIL EDITON OF BALANCE THE MAG OF DIABETES UK
PAGE 3 IS A FULL PAGE ADD FOR MENARINI GLUCOMEN VISIO
PAGE 37 FULL PAGE ADD FOR GLUCOMEN VISIO
moneyplus
- 05 Mar 2006 15:05
- 189 of 256
all good news for mdy.
KEAYDIAN
- 08 Mar 2006 12:54
- 193 of 256
Oh bugger.
KEAYDIAN
- 08 Mar 2006 13:13
- 195 of 256
Watching in the background Driver but have limited access to a PC today.
hewittalan6
- 08 Mar 2006 13:16
- 196 of 256
Good pick, Driver (again). I have no spare at the moment, but I am jealous to death of your picking abilities.
Good luck all,
Alan
hewittalan6
- 08 Mar 2006 13:22
- 198 of 256
:-)
mbugger
- 08 Mar 2006 18:11
- 199 of 256
When is launch date of new product driver,any specific date.
moneyplus
- 08 Mar 2006 18:13
- 200 of 256
Alan-Driver are you not in DGT??--very good company and still cheap so check it out.
marksp
- 09 Mar 2006 21:18
- 202 of 256
Driver
Glucomen Visio is not launched. "Balance" magazine is produced every 2 months. The ads had to be included even though the product is not on general sale yet in the retail market. menarini UK don't have stock for retail and they still consider it as unannounced which is why the websites don't feature it.
The ad you have on this thread is being leeched from my website. I am going to move it at the weekend, can you arrange for it to me rehomed for your thread.
MDY cannot issue the RNS until menarini launch so we all sit and wait
Good luck to all here
M
marksp
- 09 Mar 2006 21:19
- 203 of 256
In case anyone is interested
AGM = 26 April in deepest Suffolk.
bring your own teeth and sheep
moneyman
- 09 Mar 2006 21:52
- 204 of 256
9p short term target
moneyman
- 11 Mar 2006 18:17
- 207 of 256
Menarini have some very strong contacts
http://www.nhshealthquality.org/nhsqis/files/evidence_note8.pdf
thesaurus
- 13 Mar 2006 13:25
- 208 of 256
I cant believe I missed the boat on this. Is there a 12 month guidance on this?
moneyplus
- 13 Mar 2006 14:41
- 209 of 256
I'm hoping we're heading back towards the 1.40 the sp was back before the troubles-it's looking good!! I intend to keep adding when I can anyone agree??
thesaurus
- 13 Mar 2006 15:11
- 212 of 256
When is the product going to be launched. and is there any substance to this takeover rumour...where can I get a full profile on this company..
thesaurus
- 13 Mar 2006 19:05
- 214 of 256
Thanks driver....I will watch this closely and see if I can take a position at 6p
TheMaster
- 16 Mar 2006 13:07
- 215 of 256
Alot of people taking profits today, can now buy at 5.9p
hangon
- 16 Mar 2006 13:53
- 216 of 256
moneyplus/driver I think it will be a long time before we reach 1.40
That was in the Dot-com lunacy days, when folk put a zero behind any co valuation (sometimes two)....and their strength was this retractable needle which was going to supply the whole of America.
Well we are wiser now, we know the existing suppliers won't give up and they will have a suitable alternative that is cheaper and better. That's why MDY dropped the needle business.....it was too expensive.
Now we have a co that mainly supplies diabetic kit and they aren't alone, so price and performance are tops - it's true they have a sales outlet with WalMart but these on-going sales did nothing to stop the rot to 2p recently.
This company is too secretive IMHO and it's run from the centre......just ask yourself where (or when) the next "must-have" product will come from? Since 2000 they have been surprisingly quiet.
The benefit of a 3x profit is the reason the sp is falling today, but I'm hopeful that when they get their act together the sp will be into double figures, but 1.40 looks pretty unlikley to me.
Why do you think it will reach earlier highs?
moneyplus
- 16 Mar 2006 15:03
- 218 of 256
I'll switch back to pcm dreams then driver! still holding MDY though. new buy EPE looks good to me check it out.
moneyplus
- 16 Mar 2006 16:10
- 220 of 256
EPE and EBT and EPY because there are millions of chinese customers now gaining access to mobiles etc and they are also great gamblers so that's why I've bought some BTX plus they are very keen on education which is why I've bought CEG and EPE. I like China Biotech-just because I do !! MP's chinese tracker could be a cracker!! still like Mdy and Ert.
kaymar100
- 16 Mar 2006 21:05
- 221 of 256
mp
have u tried CREO yet? any idea where it is going
moneyplus
- 17 Mar 2006 10:35
- 222 of 256
Too expensive for me but in a good area if there's a chinese housing boom-I'm hoping that's the way my minnows will go up-up -up! cheers MP
marksp
- 19 Mar 2006 15:08
- 223 of 256
Guys
If you work out the No of TypeI and Type II diabetics in the UK it looks like
someone will sell about 32M boxes of strips/year in UK
lets assume that the average price is about 15 ie 480M in UK alone.
Lets assume that of the 7 NICE approved suppliers of strips to the NHS, menarini are crap and can only get 5% of the market.....24M, (even though they are selling at a 25% discount to the others), and that MDY get 30% of that.
MDY sales on very soft assumptions 7.2M or $13M
That is UK. In France, Italy Spain etc menarini are No1 or 2.
Work it out for yourselves........is 6p expensive or cheap?
Completely off topic but a good read
http://www.berkshirehathaway.com/letters/2005ltr.pdf
marksp
- 19 Mar 2006 15:14
- 224 of 256
Moneyplus
If you want China have LDC at lest your bets will be spread. They hold stakes in the company AND get paid as company advisers and fund managers. Three legs to the stool
moneyplus
- 19 Mar 2006 17:54
- 226 of 256
I think 6p seems too cheap and I'm still thanking you for showing me this one driver. marksp-thanks for telling me about LDC-I'm almost embarrassed to tell you I'm in those too as driver is beginning to think I'm a china junkie!!
hangon
- 29 Mar 2006 17:19
- 229 of 256
D Wong ....to take up top-job at Galleon [GON] - presumably to-do to their sp what he's done to MDY.
Pitty MDY did not think this needed an RNS - if he goes, the sp will only get better.
moneyman
- 16 Apr 2006 21:26
- 232 of 256
Alpesh Patel A weekly look at market opportunities and pitfalls
Alpesh B. Patel is one of the UK's best-known traders and financial journalists. He writes a regular column for the Financial Times, has written seven bestselling books on trading, and makes regular television appearances for Bloomberg, Sky Television, Channel 4, The Money Channel, and the BBC.
Crazy Small Stock
These are high risk volatile stocks which could move sharply higher or move sharply lower in my view, but will almost certainly not stand still. Names on the radar include: Medisys, Aukett Fitzroy, Network Technology.
http://www.advfn.com/column6/equities-booming-rally.html
bhunt1910
- 18 Apr 2006 08:43
- 234 of 256
Driver - surely this has been overdone - I have just bought on a speculative buy at 3.23
Baza
bhunt1910
- 18 Apr 2006 09:22
- 236 of 256
MMmmmmmm - I think you are right - your maths are better than mine.
B
moneyplus
- 18 Apr 2006 11:29
- 237 of 256
OUCH--some you win some you lose!!
northernstock
- 18 Apr 2006 13:26
- 238 of 256
moneyplus: Ouch is appropriate. Judging by the timing of this, it looks clear that Medisys will become a "clean" shell with adequate funds to be invested wisely. I would not be surprised if after the shareholders give approval for the "sell off", a secondary offering will be planned. With a clean cash shell, it will not be long before predators circle. This could prove to be a longer term winner.
driver
- 18 Apr 2006 17:34
- 239 of 256
A good post from another board on todays sell out.
Once again the shareholders are being shafted as the Executive Chairman Dr.Wong appears to treat the company as though its his own.
So some points about todays announcement
1. Once again this Company has been devalued by an announcement from the management.
2. The management seek to transfer the shares to AIM, therefore shares held in ISAs will have to be sold, causing a further reduction in the price, possible enabling the management to buy up and take control of the company at a value far below even the current 3p.
3. By the looks of it, the deals and price of the sales have been agreed.
4. What ever happened to the Roche settlement.
5. This going to become an investment company, with one employee, who could be both judge and jury, that person beingDr.Wong?
6. Menarini whats happening ?
7. Announcement about a "considerable improvement" in trading during the first four months of its financial year , only 2 month ago. Was this designed to mislead?
So how do we get rid of the directors,
I want to see these guys off the board before any sale of the company, so the likes of Wong will only benefit from the remaining value of the 20m shares in his Trust.
mbugger
- 18 Apr 2006 18:51
- 240 of 256
S/HOLDERS SHAFTED again -for 42m dollars,long before egm on 4/05/06,whats left for us,surely not atop/up opportunity,why not whole co.,does this make any sence for s/holders,any views.
h.hairettin
- 19 Apr 2006 07:35
- 241 of 256
This article just about sums it up.The site is free to register.
http://www.proactiveinvestors.com/registered/articles/article.asp?MDY2
Unbelievable. That about sums up Medisys Plc (MDY) in my mind. Over the years MDY has lurched from one would be company making line of medical products after another.
Today, MDY finally threw in the towel and admitted it was finding life hard going in the ultra competitive markets of blood glucose monitoring (BGM) products. Along the way Medisys has burned through an impressive amount of shareholder money and bank debt on research & development, acquisitions, disposals and write-offs.
hangon
- 21 Apr 2006 16:01
- 242 of 256
Mr Wong has had a few bad years it's true; but we learn that he's happier doing deals with small pharmas - the Q, is will NDY have any cash left after they have paid the Bank and fat bonuses to failing staff?
/
With the prospect about evens - (since many small pharmas are finding cash difficult to find), there is a slim chance Wong could be Right for Wunce.
Who knows?
Frankly with the sp looking this low it's hardly worth much to sell them.
cynic
- 21 Apr 2006 16:16
- 243 of 256
this share pongs! .... if you have them, either hold though goodness knows what for, except perhaps to crystalise a loss at the end of the tax year ..... if you don't hold them, then AVOID
potatohead
- 04 May 2006 13:31
- 244 of 256
('Medisys' or 'the Company')
EGM Statement
Medisys PLC held an Extraordinary General Meeting today and the Board is
pleased to announce that the resolution to approve the disposal to Arkray Inc.
of the whole of its operating businesses comprising primarily its Blood Glucose
Monitoring business (the 'Disposal') for a consideration of $42.8 million
(approximately 24.2 million) in cash, was duly passed by shareholders. The
Disposal is due to be completed on 11 May 2006.
Dr. David Wong, Executive Chairman commented:
'The approval today for the disposal of our Blood Glucose Monitoring business
allows us to realise significant value for our shareholders and for Medisys to
progress debt free.
'The Company is now positioned as a focused investment company intending to
invest in companies with strong niche market positions in the areas of medical
devices, diagnostics, biopharmaceuticals and healthcare, where we believe
significant investment and co-investment opportunities exist. The Board will be
making a further announcement in due course.'
- Ends -
potatohead
- 04 May 2006 13:53
- 246 of 256
puts it on a share price of 9p thou.. and at the mo its only 3p
you have to be happy with that surely
hangon
- 08 May 2006 12:32
- 248 of 256
MDY has another value, IMHO - its listing on the Main Market, so any "medical" ( or techno) company may wish to use this (and MDY's cash) to reverse in.
There are many good products out there (where their companies have concentrated on getting the product right, deals sales etc, before listing)
[This is almost the opposite to MDY's progress, IMHO]
- - - these companies will be looking to their next stage as cheaply as possible - with MDY (cash and listing), it looks like a good deal to me - but it must be the (new) company calling the shots - MDY is but a skeleton- and MDY Directors have not served shareholders well.
Any "new" business will have an instand band-of-brothers ( = us Punters),all eager to learn about their products and intentions. This means that they can attract PR at almost no cost - another benefit IMHO.......
.....BUT we have to wait to see what happens - don't think MDY will let this process run smoothly - they could screw up this "next phase" - in the same way they have in the past.
If MDY directors will stand back, their shares may rise to levels even they can't dream of.....it all depends on what happens next........MDY needs to welcome all-commers before asking shareholders.
DYOR.
Personally I'd like to see several products being put into a "Son of MDY" - and don't let's forget MDY has some credibility in marketing to Wal-mart and elsewhere - it was the needle-product that did the financial harm as it stopped any other product development.
katcenka
- 10 May 2006 22:04
- 250 of 256
lets see what tomorrow brings... lots ot trading today, especially buys
hangon
- 23 May 2006 14:20
- 251 of 256
Driver, I agree we want to move on, ............without the top-dogs - but I think MDY has more value remaining on the full-list (at least until they can find a willing buyer), that way the cost of "listing" is in almost for free (to the next business) and shareholders will have an opportunity to benefit. Meanwhile whichever business "reverses" will have some business links and hopefully they will see added-value even if the contacts are luke-warm.
As I see it, to go to AIM and then look for a buyer is throwing away "listing" value...
It doesn't have to be a retail-product, nor does it have to be medical - but if it was, then so much the better. The cost of a main-market listing is considrable (well over 1/4million), so it should be kept, I say.
I see the sp has risen today, so perhaps management is considering staying on the main list, at lease for a while yet. Or, a [potential "reversee" is snapping up a holding to strengthen their case.
MDY Top management has served investors poorly and spent millions for practically no return...I just hope they enjoy their retirement, since they have ruined mine.
Regards.
hangon
- 06 Jul 2006 14:39
- 253 of 256
Thanks, but I'm just waiting to see if my investment trust is trashed.
With most in an ISA it won't pay to sell now, and there is the chance we shall see some investments that are worthwhile....at the current price the shares are almost cash-value so there is everything to hope-for.
I could move into the stocks you mention, but would I risk getting a 100% rise? SEO is an interesting one that appears to have a future in non-plastic packing, but suppliers to supermarkets are unlikely to make much money, I reason - and box-makers even less.
They sold the diabetic business for what they could - it was an expensive gadget and other makers had destroyed the market. If a niche product gets competitors (it's no-longer niche), so get out. MDY's problem IMHO was keeping up the pretense with the needle business when that was all but dead.
I have told the company that the listing cost will remain high on AIM and investors into PEP/ISA like myself will call a move to AIM a betrayal...therefore I'm unlikely to invest again. By staying on the Main Market it will give MDY a more serious image and there are plenty of investment co's on AIM if one wants a flutter.
I don't know if they still plan to move but they will need to raise money and losing my ISA holding will not encourage me to trust them again...so I'm waiting.
MDY rose today, on some buys.
moneyman
- 04 Jan 2007 13:25
- 255 of 256
The Company received notification on 3 January 2007 that on 3 January 2007 Charles Spicer, Chief Executive of the Company, purchased 1,000,000 ordinary shares of 1p each in the Company at a price of 2.35p per share. As a result of this transaction Mr Spicer has a beneficial interest in 8,166,666 ordinary shares in the Company representing 1.17 per cent of the issued share capital of that class.
The Company also received notification on 3 January 2007 that on 3 January 2007 David Wong, Executive Chairman of the Company, purchased 408,347 ordinary shares of 1p each in the Company at a price of 2.35p per share. As a result of this transaction Mr Wong has a beneficial interest in 37,075,013 ordinary shares in the Company representing 5.30 per cent of the issued share capital of that class.
The Company also received notification on 3 January 2007 that on 3 January 2007 Derek Ablett, Non-Executive Director of the Company, purchased 163,265 ordinary shares of 1p each in the Company at a price of 2.35p per share. As a result of this transaction Mr Ablett has a beneficial interest in 263,403 ordinary shares in the Company representing 0.04 per cent of the issued share capital of that class.
ENDS
moneyman
- 04 Jan 2007 23:55
- 256 of 256
Been a long time since Wong dipped his hand in his pocket and purchased stock.