Artes Medical Broadens Lawsuit to Include Improper Proxy Solicitation Activities of Shack & Others Seeking $30 Million in Dam...
23 Octubre 2008 - 4:30PM
Business Wire
Artes Medical Inc. (Nasdaq:ARTE), a medical aesthetics company,
today announced that the Company has amended its current lawsuit
against two former officers and company founders, Stephan and
Gottfried Lemperle, to include claims of improper proxy
solicitation activities and related misconduct by proxy organizer
Michael Shack and others, including former employees of the
Company. The Company alleges in the lawsuit that Shack and other
individuals are working in concert with the defendants in an effort
to interfere with the business of the Company and is seeking $30
million in economic, compensatory and punitive damages for losses
arising out of tortious interference and other misconduct by these
individuals. The lawsuit as amended alleges that the misconduct of
the defendants and others working in concert with them includes
inappropriate and damaging contact with the Company�s customers and
investors, breach of confidentiality and non-disparagment
agreements with former officers and employees of the Company,
coordinated attacks on the Company�s reputation and integrity
through the internet and other communications that violate proxy
solicitation rules, conspiracy with others to file unfounded
lawsuits against the Company, all in an attempt to injure the
Company�s commercial and financial footing as well as financing
activities and weaken the Company in an effort to make it easier to
gain control without adequately rewarding Artes Medical
shareholders. Through this lawsuit, Artes Medical is seeking
appropriate monetary damages from all responsible parties
participating in these activities. �We intend to bring the full
force of the law against individuals who circumvent appropriate and
lawful business practices to gain an unfair advantage in the
marketplace at the expense of the Company, its officers, directors
and stockholders,� stated Christopher J. Reinhard, Executive
Chairman of Artes Medical. About Artes Medical, Inc. Artes Medical
is a medical aesthetics company focused on developing,
manufacturing and commercializing a new category of aesthetic
injectable products for the dermatology and plastic surgery
markets. The Company�s flagship product, ArteFill, is being
marketed to men and women as a treatment option for the correction
of nasolabial folds. Additional information about Artes Medical and
ArteFill is available at www.artesmedical.com and www.artefill.com.
Forward-Looking Statements This press release contains
forward-looking statements that are based on the Company�s current
beliefs and assumptions and on information currently available to
its management and Board of Directors. Forward-looking statements
involve known and unknown risks, uncertainties and other factors
that may cause the Company�s actual results, performance or
achievements to be materially different from any future results,
performance or achievements expressed or implied by the
forward-looking statements. As a result of these risks,
uncertainties and other factors, which include the Company�s
history of net losses, its ability to timely raise additional funds
to support its operations and future product acquisition plans, its
ability to manage its operating expenses, its reliance on sales of
ArteFill and Elevess, its future receipt of FDA approval to extend
the efficacy period of ArteFill beyond six months and eliminate the
skin test requirement, and the risk that the Company�s revenue
projections may prove incorrect because of unexpected difficulty in
generating sales and market acceptance of ArteFill and Elevess,
readers are cautioned not to place undue reliance on any
forward-looking statements included in this letter to stockholders.
A more extensive set of risks and uncertainties is set forth in the
Company�s SEC filings available at www.sec.gov. These
forward-looking statements represent beliefs and assumptions only
as of the date of this press release, and the Company assumes no
obligation to update these forward-looking statements publicly,
even if new information becomes available in the future. Artes
Medical� and ArteFill� are registered trademarks of Artes Medical,
Inc.
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