Butterfly Files Motion to Dismiss Claims in FUJIFILM Sonosite Legal Action

By: Butterfly Network, Inc. via Business Wire

August 08, 2022 at 16:05 PM EDT

FUJIFILM Sonosite has failed to innovate and now attacks Butterfly’s next generation technology; Butterfly will defend itself vigorously against the allegations

Butterfly Network, Inc. (NYSE: BFLY), a digital health company transforming care with handheld, whole-body ultrasound, today filed a motion to dismiss claims and specific patents from a complaint for patent infringement lawsuit filed on March 9, 2022, by FUJIFILM Sonosite Inc. Butterfly believes the lawsuit alleging infringement of U.S. Patent Nos. 7,169,108; 7,867,168; 8,128,050; 8,861,822; 9,538,985; 6,901,157; and 8,360,981, lacks merit and is meant to distract from FUJIFILM Sonosite’s failure to innovate and keep pace with Butterfly’s next generation clinical assessment platform.

As a transformative digital health company, Butterfly is shifting the healthcare industry from using ultrasound only in limited traditional settings, to using ultrasound information in all care settings, for any patient, and at any time. The company’s innovations include Butterfly iQ and iQ+, the world's first handheld, single probe whole-body ultrasound system using semiconductor technology that is transforming point of care ultrasound into an advanced clinical assessment tool, by making it intuitive, adoptable at scale, extremely portable, and economically appealing.

Butterfly will vigorously defend against FUJIFILM Sonosite’s accusations. In defending against this lawsuit, Butterfly will consider all means necessary and appropriate to eliminate obstacles to its mission to enable more informed clinical decisions for all patients worldwide.

Butterfly’s Senior Vice President and Chief Legal Officer Larry Weiss said “We’re disappointed that FUJIFILM Sonosite chose this approach. We believe this litigation is an attempt by FUJIFILM Sonosite Inc. to distract from its failure to innovate and keep pace with Butterfly’s next generation clinical assessment platform. Our state of the art technology is the result of years of innovation, and is evidenced by our more than 800 patents and applications. We will continue to vigorously protect both our innovations and our intellectual property.”

About Butterfly

Founded by Dr. Jonathan Rothberg in 2011 and listed on the New York Stock Exchange through a business combination with Longview Acquisition Corp., Butterfly created the world's first handheld, single probe whole-body ultrasound system using semiconductor technology, the Butterfly iQ+. Butterfly's mission is to democratize medical imaging and contribute to the aspiration of global health equity, making high-quality ultrasound affordable, easy-to-use, globally accessible, and intelligently connected, including for the 4.7 billion people around the world lacking access to ultrasound. Through its proprietary Ultrasound-on-Chip™ technology, Butterfly is paving the way for earlier detection and remote management of health conditions around the world. The Butterfly iQ+ can be purchased online today by healthcare practitioners in the United States, Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Ireland, Italy, the Netherlands, New Zealand, Norway, Poland, Portugal, Sweden, Switzerland, and the United Kingdom.

Butterfly iQ+ is a prescription device intended for trained healthcare professionals only.

Forward-Looking Statements

This press release includes “forward-looking statements” within the meaning of the “safe harbor” provisions of the United States Private Securities Litigation Reform Act of 1995. The Company’s actual results may differ from its expectations, estimates, and projections and, consequently, you should not rely on these forward-looking statements as predictions of future events. Words such as “expect,” “estimate,” “project,” “budget,” “forecast,” “anticipate,” “intend,” “plan,” “may,” “will,” “could,” “should,” “believes,” “predicts,” “potential,” “continue,” and similar expressions (or the negative versions of such words or expressions) are intended to identify such forward-looking statements. These forward-looking statements include, without limitation, the Company’s expectations with respect to financial results, future performance, development of products and services, and the size and potential growth of current or future markets for its products and services. These forward-looking statements involve significant risks and uncertainties that could cause the actual results to differ materially from those discussed in the forward-looking statements. Most of these factors are outside the Company’s control and are difficult to predict. Factors that may cause such differences include, but are not limited to: the impact of COVID-19 on the Company’s business, including issues relating to Omicron or other variants; the ability to recognize the anticipated benefits of the business combination; the Company’s ability to grow and manage growth profitably; the success, cost and timing of the Company’s product and service development activities; the potential attributes and benefits of the Company’s products and services; the degree to which our products and services are accepted by healthcare practitioners and patients for their approved uses; the Company’s ability to obtain and maintain regulatory approval for its products, and any related restrictions and limitations of any approved product; the Company’s ability to identify, in-license or acquire additional technology; the Company’s ability to maintain its existing license, manufacture, supply and distribution agreements; manufacturing and supply of the Company’s products; the Company’s ability to compete with other companies currently marketing or engaged in the development of products and services that the Company is currently marketing or developing; changes in applicable laws or regulations; the size and growth potential of the markets for the Company’s products and services, and its ability to serve those markets, either alone or in partnership with others; the pricing of the Company’s products and services and reimbursement for medical procedures conducted using its products and services; the Company’s estimates regarding expenses, revenue, capital requirements and needs for additional financing; the Company’s financial performance; the Company’s ability to raise financing in the future; and other risks and uncertainties indicated from time to time in the Company’s most recent Annual Report on Form 10-K or in subsequent filings that it makes with the Securities and Exchange Commission. The Company cautions that the foregoing list of factors is not exclusive. The Company cautions you not to place undue reliance upon any forward-looking statements, which speak only as of the date of this press release. The Company does not undertake or accept any obligation or undertake to release publicly any updates or revisions to any forward-looking statements to reflect any change in the Company’s expectations or any change in events, conditions or circumstances on which any such statement is based.