Subject: PSID Sub Wins in Court: Thermomedics’ Intellectual Property Found Not to Infringe on Exergen’s Invalid Patent Claims

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PSID Sub Wins in Court: Thermomedics’ Intellectual Property Found Not to Infringe on Exergen’s Invalid Patent Claims
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Company: PositiveID Corporation (OTCQB: PSID)


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PositiveID’s Thermomedics Wins Appeal in Patent Infringement Case in U.S. Court of Appeals for the Federal Circuit

Thermomedics’ Intellectual Property Found Not to Infringe on Exergen’s Invalid Patent Claims

DELRAY BEACH, Fla., June 28, 2016 (GLOBE NEWSWIRE) - PositiveID Corporation (“PositiveID” or “Company”) (OTCQB:PSID), a life sciences company focused on detection and diagnostics, announced today that the United States Court of Appeals for the Federal Circuit has affirmed a win for PositiveID’s Thermomedics subsidiary, which markets the FDA-cleared Caregiver non-contact thermometer, in the patent infringement suit brought by Exergen Corporation.

The per curiam opinion by the U.S. Court of Appeals affirms the United States District Court - District of Massachusetts’ summary judgment decision in favor of Thermomedics that the patent claims asserted against Thermomedics by Exergen are invalid. This ruling confirms that the proprietary technology incorporated in Thermomedics’ Caregiver® thermometer does not infringe any valid Exergen patent claims that were the subject of the lawsuit.

The global market for temperature monitoring devices is forecast to reach 1 billion dollars by 2020, with infrared thermometers experiencing the fastest growth driven in part by concerns over the spread of highly infectious diseases like Ebola, according to Global Industry Analysts, Inc.

Caregiver is a clinical grade, infrared thermometer for measurement of forehead temperature in adults, children, and infants, without contact. It delivers an oral-equivalent temperature directly from the forehead in 1-2 seconds. Since there is no skin contact and Caregiver does not require probe cover supplies, it reduces the risk of cross-contamination, which is an increasing concern, and saves healthcare facilities the cost of covers (as much as $0.05 to $0.10 per temperature), storage space, and waste disposal costs. It is estimated that Caregiver can offer savings of $250 or more per year per device in probe cover supplies alone.

“We are extremely pleased that the Federal Court of Appeals affirmed the earlier summary judgment decision in favor of Thermomedics,” said William J. Caragol, Chairman and CEO of PositiveID. “This win for the Company confirms our intellectual property position for Caregiver, and we are eager to focus on continuing to grow the Thermomedics business.”

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