Keystone Dental to Pay Nobel Biocare $2 Million to Settle Unfair Competition, Trade Secret Violations, and Tortious Interference Lawsuit



    YORBA LINDA, Calif., Sept. 3 /CNW/ -- Nobel Biocare announced today it
has reached a favorable settlement of a lawsuit brought against Keystone
Dental, Inc., a dental implant company funded by the multi-billion dollar
private equity firm Warburg Pincus, in the Superior Court of Connecticut.  The
settlement terms provide for Keystone Dental to pay $2 million to Nobel
Biocare and that Keystone Dental not hire or solicit any current Nobel Biocare
employee through February 1, 2009.  Keystone Dental is also required to
arrange for the collection and destruction of Nobel Biocare confidential and
proprietary information in its or its employees' possession and represent that
its employees will not use or disclose any marketing or sales materials
licensed by and obtained from Nobel Biocare.
    "Nobel Biocare stands for fair competition, but where competition crosses
the line into illegality we will use all legal means to protect our
proprietary information and trade secrets," stated Kevin Mosher, Vice
President and General Manager of Nobel Biocare's North American business.
    Nobel Biocare filed its lawsuit in late 2007 claiming that Keystone
Dental systematically targeted and hired Nobel Biocare's sales and marketing
employees who represented a full cross-section of Nobel Biocare's business and
sales force.  According to Nobel Biocare's lawsuit, Keystone Dental, in an
attempt to gain an unfair competitive advantage, deliberately aided and
abetted those employees to breach their noncompetition and confidentiality
agreements with Nobel Biocare.  The lawsuit further alleged that Keystone
Dental and some of its employees failed to return confidential and proprietary
information belonging to Nobel Biocare and that they were unlawfully using and
disclosing Nobel Biocare's information and trade secrets to develop
competitive products for Keystone Dental and to induce customers to terminate
their contractual or business relationships with Nobel Biocare.
    Nobel Biocare's lawsuit alleged Uniform Trade Secrets Act and
Connecticut's Unfair Trade Practices Act violations, unfair competition,
breach of contract, civil conspiracy to commit the tort of conversion/
misappropriation, breach of fiduciary duties, breach of duty of loyalty,
conversion, and tortious interference with contractual and business relations.
The lawsuit sought injunctive relief and compensatory and punitive damages.
    Nobel Biocare is a medical devices group and the world leader in
innovative esthetic dental solutions with its brands NobelActive(TM),
Branemark System(R), NobelReplace(TM), NobelSpeedy(TM), NobelPerfect(R),
NobelDirect(R), Replace Select (dental implants), Procera(R) (individualized
dental prosthetics), NobelGuide(TM) (complete patient rehabilitation program)
and NobelSmile(TM) (patient education and awareness program). Nobel Biocare is
a full solution provider for restorative esthetic dentistry, offering a wide
range of innovative Crown & Bridge & Implant products, as well as training and
education, patient information and clinically documented treatment concepts.
Nobel Biocare has over 2,500 employees and recorded revenue of EUR 665.9
million in 2007. The Company is domiciled and headquartered in Zurich,
Switzerland. Production takes place at six production sites located in Sweden,
the US, Japan and Israel. Nobel Biocare has 37 direct sales organizations. The
shares of the parent company Nobel Biocare Holding AG are listed on the SWX
Swiss Exchange.
    
    http://www.nobelbiocare.com

    




For further information:

For further information: Mark Macaulay, Marketing Communications
Manager, North America of Nobel Biocare, +1-714-282-4876,
Mark.macaulay@nobelbiocare.com Web Site: http://www.nobelbiocare.com

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NOBEL BIOCARE

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