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Advanced Medical Optics (EYE)
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EYE » Topics » Environmental Matters

These excerpts taken from the EYE 10-K filed Feb 24, 2009.

Environmental Matters

Our facilities and operations are subject to federal, state and local environmental and occupational health and safety requirements of the United States and foreign countries, including those relating to discharges of substances to the air, water and land, the handling, storage and disposal of hazardous materials and wastes and the cleanup of properties affected by pollutants. We believe we are currently in material compliance with such requirements and do not currently anticipate any material adverse effect on our business or financial condition as a result of our efforts to comply with such requirements.

In the future, federal, state or local governments in the United States or foreign countries could enact new or more stringent laws or issue new or more stringent regulations concerning environmental and worker health and safety matters that could affect our operations. Also, in the future, contamination may be found to exist at our current or former facilities or off-site locations where we have sent wastes. We could be held liable for such newly-discovered contamination which could have a material adverse effect on our business or financial condition. In addition, changes in environmental and worker health and safety requirements could have a material effect on our business or financial condition.

Environmental Matters

Our
facilities and operations are subject to federal, state and local environmental and occupational health and safety requirements of the United States and foreign countries, including those relating to discharges of substances to the air, water and
land, the handling, storage and disposal of hazardous materials and wastes and the cleanup of properties affected by pollutants. We believe we are currently in material compliance with such requirements and do not currently anticipate any material
adverse effect on our business or financial condition as a result of our efforts to comply with such requirements.

In the future, federal,
state or local governments in the United States or foreign countries could enact new or more stringent laws or issue new or more stringent regulations concerning environmental and worker health and safety matters that could affect our operations.
Also, in the future, contamination may be found to exist at our current or former facilities or off-site locations where we have sent wastes. We could be held liable for such newly-discovered contamination which could have a material adverse effect
on our business or financial condition. In addition, changes in environmental and worker health and safety requirements could have a material effect on our business or financial condition.

STYLE="margin-top:18px;margin-bottom:0px">Competition

The markets for our products are
intensely competitive and are subject to significant technological change. Companies within the cataract and laser vision correction markets compete on technological leadership and innovation, quality and efficacy of products, relationships with eye
care professionals and health care providers, breadth and depth of product offering and pricing. We believe we have the second largest cataract business on a global basis behind Alcon, Inc., a subsidiary of Nestle S.A. Other competitors in the
cataract business include Bausch & Lomb, Staar Surgical, Hoya, Santen and Zeiss-Meditec.

We believe we have the world’s
largest laser vision correction business. Other competitors include Alcon, Bausch & Lomb, Zeiss-Meditec, Moria, Nidek, Wavelight and Ziemer. We believe our competitive position is enhanced by our large international distribution network,
our focus on technology and customer relationships, our broad-based service capability and our product quality. Our ability to compete against larger companies may be impeded by having fewer resources to devote to research and development as well as
sales and marketing.

Companies within the eye care market compete primarily on recommendations from eye care professionals, customer brand
loyalty, product quality and pricing. We believe we have one of the top three largest contact lens care businesses on a global basis along with Alcon, Inc. and Bausch & Lomb. Other competitors include CIBA Vision Corporation, a unit of
Novartis, and, within the Japan region, Rohto and Menicon. Our competitive position in the eye care business is enhanced by our strong presence outside the United States and our knowledge of these foreign markets, as well as technological
advancement. Our larger competitors have more resources to devote to advertising and promotion, and this may negatively impact our competitive position.

FACE="Times New Roman" SIZE="2">Our competitors may develop technologies and products that are more effective or less costly than any of our current or future products or that could render our products obsolete or noncompetitive. Some of these
competitors have substantially more resources and marketing capabilities than we do. Among other things, these consolidated companies can spread their research and development costs over much broader revenue bases than we can and may be able to
better influence customer and distributor buying decisions. Our inability to produce and develop products that compete effectively against those of our competitors could result in a material reduction in sales.

STYLE="margin-top:18px;margin-bottom:0px">Patents, Trademarks and Other Intellectual Property

SIZE="2">Patents and other proprietary rights are important to the success of our business. We likewise utilize trade secrets, know-how, continuing technological innovations and licensing opportunities to develop and maintain our competitive
position. We protect our proprietary rights through a variety of methods, including confidentiality agreements and proprietary information agreements with vendors, employees, consultants and others who have access to our proprietary information.

 


15






Table of Contents


We have rights to over 1,500 granted and issued patents and over 1,300 pending patent applications
relating to aspects of the technology incorporated in many of our products. The scope and duration of our proprietary protection varies throughout the world by jurisdiction and by individual product. In particular, patents for individual products
extend for varying periods of time according to the date a patent application is filed, the date a patent is granted and the term of patent protection available in the jurisdiction granting the patent. Our proprietary protection often affords us the
opportunity to enhance our position in the marketplace by precluding our competitors from using or otherwise exploiting our technology.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%;padding-bottom:3px;line-height:95%; vertical-align:top">We believe trademark protection is particularly important to the maintenance of the recognized
brand names under which we market our products. The scope and duration of our trademark protection varies throughout the world, with some countries protecting trademarks only as long as the mark is used, and others requiring registration of the mark
and the payment of registration fees. We own or have rights to material trademarks or trade names that we use in conjunction with the sale of our products, which include, among others, ActiveTrakSIZE="1">®, AddedVue®, Advanced Medical Optics®, AMO®
, AMO® Logo, AMO Advanced Medical Optics® Logo, Advanced CustomVue®
, AMO iTEC™ Logo, AMO OptiBlue™, AMO University® Logo, ARRAY®, BaerveldtSIZE="1">®, blink® Tears, Blink-N-Clean®, Blink ContactsSIZE="1">®, Blink GelTears®, ClariFlex®, COMPLETE®
, COMPLETE® Logo, CustomMatch™, CustomVue®, Easy Rub™, ELLIPS™ Logo, EndosolSIZE="1">®, Fusion™, Healon®, Healon5®, Healon D®
, Healon GV®, iFS™ Logo, Intralase®, iLASIK®,
Laminar®, OcuPure®, OptiBlue®, OptiEdgeSIZE="1">®, Oxysept®, Oxysept 1 Step™, ReZoom®, SensarSIZE="1">®, Sovereign®, Stabileyes®, Star S4®,
Star S4 IR®, Tecnis®, The Unfolder®, UltraCareFACE="Times New Roman" SIZE="1">®, Ultrazyme®, Veriflex®, VerisyseSIZE="1">®, VisionKey®, VISX®, VISX UniversitySIZE="1">®, VSS Refractive™, VRR®, WaveScan®, WaveScan WaveFrontSIZE="1">®, WavePrint®, WhiteStar® and WhiteStar Signature™. Generally, our products are marketed
under one of these trademarks or brand names.

We are also a party to several license agreements relating to various aspects of our
products; however, we do not believe the loss of any one license would materially affect our business.

We believe that our patents,
trademarks and other proprietary rights are important to the development and conduct of our business and the marketing of our products. As a result, we aggressively protect our intellectual property. However, we do not believe that any one of our
patents or trademarks is currently of material importance in relation to our overall sales.

Environmental Matters

Our
facilities and operations are subject to federal, state and local environmental and occupational health and safety requirements of the United States and foreign countries, including those relating to discharges of substances to the air, water and
land, the handling, storage and disposal of hazardous materials and wastes and the cleanup of properties affected by pollutants. We believe we are currently in material compliance with such requirements and do not currently anticipate any material
adverse effect on our business or financial condition as a result of our efforts to comply with such requirements.

In the future, federal,
state or local governments in the United States or foreign countries could enact new or more stringent laws or issue new or more stringent regulations concerning environmental and worker health and safety matters that could affect our operations.
Also, in the future, contamination may be found to exist at our current or former facilities or off-site locations where we have sent wastes. We could be held liable for such newly-discovered contamination which could have a material adverse effect
on our business or financial condition. In addition, changes in environmental and worker health and safety requirements could have a material effect on our business or financial condition.

STYLE="margin-top:18px;margin-bottom:0px">Competition

The markets for our products are
intensely competitive and are subject to significant technological change. Companies within the cataract and laser vision correction markets compete on technological leadership and innovation, quality and efficacy of products, relationships with eye
care professionals and health care providers, breadth and depth of product offering and pricing. We believe we have the second largest cataract business on a global basis behind Alcon, Inc., a subsidiary of Nestle S.A. Other competitors in the
cataract business include Bausch & Lomb, Staar Surgical, Hoya, Santen and Zeiss-Meditec.

We believe we have the world’s
largest laser vision correction business. Other competitors include Alcon, Bausch & Lomb, Zeiss-Meditec, Moria, Nidek, Wavelight and Ziemer. We believe our competitive position is enhanced by our large international distribution network,
our focus on technology and customer relationships, our broad-based service capability and our product quality. Our ability to compete against larger companies may be impeded by having fewer resources to devote to research and development as well as
sales and marketing.

Companies within the eye care market compete primarily on recommendations from eye care professionals, customer brand
loyalty, product quality and pricing. We believe we have one of the top three largest contact lens care businesses on a global basis along with Alcon, Inc. and Bausch & Lomb. Other competitors include CIBA Vision Corporation, a unit of
Novartis, and, within the Japan region, Rohto and Menicon. Our competitive position in the eye care business is enhanced by our strong presence outside the United States and our knowledge of these foreign markets, as well as technological
advancement. Our larger competitors have more resources to devote to advertising and promotion, and this may negatively impact our competitive position.

FACE="Times New Roman" SIZE="2">Our competitors may develop technologies and products that are more effective or less costly than any of our current or future products or that could render our products obsolete or noncompetitive. Some of these
competitors have substantially more resources and marketing capabilities than we do. Among other things, these consolidated companies can spread their research and development costs over much broader revenue bases than we can and may be able to
better influence customer and distributor buying decisions. Our inability to produce and develop products that compete effectively against those of our competitors could result in a material reduction in sales.

STYLE="margin-top:18px;margin-bottom:0px">Patents, Trademarks and Other Intellectual Property

SIZE="2">Patents and other proprietary rights are important to the success of our business. We likewise utilize trade secrets, know-how, continuing technological innovations and licensing opportunities to develop and maintain our competitive
position. We protect our proprietary rights through a variety of methods, including confidentiality agreements and proprietary information agreements with vendors, employees, consultants and others who have access to our proprietary information.

 


15






Table of Contents


We have rights to over 1,500 granted and issued patents and over 1,300 pending patent applications
relating to aspects of the technology incorporated in many of our products. The scope and duration of our proprietary protection varies throughout the world by jurisdiction and by individual product. In particular, patents for individual products
extend for varying periods of time according to the date a patent application is filed, the date a patent is granted and the term of patent protection available in the jurisdiction granting the patent. Our proprietary protection often affords us the
opportunity to enhance our position in the marketplace by precluding our competitors from using or otherwise exploiting our technology.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%;padding-bottom:3px;line-height:95%; vertical-align:top">We believe trademark protection is particularly important to the maintenance of the recognized
brand names under which we market our products. The scope and duration of our trademark protection varies throughout the world, with some countries protecting trademarks only as long as the mark is used, and others requiring registration of the mark
and the payment of registration fees. We own or have rights to material trademarks or trade names that we use in conjunction with the sale of our products, which include, among others, ActiveTrakSIZE="1">®, AddedVue®, Advanced Medical Optics®, AMO®
, AMO® Logo, AMO Advanced Medical Optics® Logo, Advanced CustomVue®
, AMO iTEC™ Logo, AMO OptiBlue™, AMO University® Logo, ARRAY®, BaerveldtSIZE="1">®, blink® Tears, Blink-N-Clean®, Blink ContactsSIZE="1">®, Blink GelTears®, ClariFlex®, COMPLETE®
, COMPLETE® Logo, CustomMatch™, CustomVue®, Easy Rub™, ELLIPS™ Logo, EndosolSIZE="1">®, Fusion™, Healon®, Healon5®, Healon D®
, Healon GV®, iFS™ Logo, Intralase®, iLASIK®,
Laminar®, OcuPure®, OptiBlue®, OptiEdgeSIZE="1">®, Oxysept®, Oxysept 1 Step™, ReZoom®, SensarSIZE="1">®, Sovereign®, Stabileyes®, Star S4®,
Star S4 IR®, Tecnis®, The Unfolder®, UltraCareFACE="Times New Roman" SIZE="1">®, Ultrazyme®, Veriflex®, VerisyseSIZE="1">®, VisionKey®, VISX®, VISX UniversitySIZE="1">®, VSS Refractive™, VRR®, WaveScan®, WaveScan WaveFrontSIZE="1">®, WavePrint®, WhiteStar® and WhiteStar Signature™. Generally, our products are marketed
under one of these trademarks or brand names.

We are also a party to several license agreements relating to various aspects of our
products; however, we do not believe the loss of any one license would materially affect our business.

We believe that our patents,
trademarks and other proprietary rights are important to the development and conduct of our business and the marketing of our products. As a result, we aggressively protect our intellectual property. However, we do not believe that any one of our
patents or trademarks is currently of material importance in relation to our overall sales.

These excerpts taken from the EYE 10-K filed Mar 3, 2008.

Environmental Matters

Our facilities and operations are subject to federal, state and local environmental and occupational health and safety requirements of the United States and foreign countries, including those relating to discharges of substances to the air, water and land, the handling, storage and disposal of hazardous materials and wastes and the cleanup of properties affected by pollutants. We believe we are currently in material compliance with such requirements and do not currently anticipate any material adverse effect on our business or financial condition as a result of our efforts to comply with such requirements.

In the future, federal, state or local governments in the United States or foreign countries could enact new or more stringent laws or issue new or more stringent regulations concerning environmental and worker health and safety matters that could affect our operations. Also, in the future, contamination may be found to exist at our current or former facilities or off-site locations where we have sent wastes. We could be held liable for such newly-discovered contamination which could have a material adverse effect on our business or financial condition. In addition, changes in environmental and worker health and safety requirements could have a material effect on our business or financial condition.

Environmental Matters

Our facilities
and operations are subject to federal, state and local environmental and occupational health and safety requirements of the United States and foreign countries, including those relating to discharges of substances to the air, water and land, the
handling, storage and disposal of hazardous materials and wastes and the cleanup of properties affected by pollutants. We believe we are currently in material compliance with such requirements and do not currently anticipate any material adverse
effect on our business or financial condition as a result of our efforts to comply with such requirements.

In the future, federal, state
or local governments in the United States or foreign countries could enact new or more stringent laws or issue new or more stringent regulations concerning environmental and worker health and safety matters that could affect our operations. Also, in
the future, contamination may be found to exist at our current or former facilities or off-site locations where we have sent wastes. We could be held liable for such newly-discovered contamination which could have a material adverse effect on our
business or financial condition. In addition, changes in environmental and worker health and safety requirements could have a material effect on our business or financial condition.

FACE="Times New Roman" SIZE="2">Competition

The markets for our products are intensely competitive and are subject to significant
technological change. Companies within the cataract / implant and laser vision correction markets compete on technological leadership and innovation, quality and efficacy of products, relationships with eye care professionals and health care
providers, breadth and depth of product

 


14






Table of Contents



offering and pricing. We believe we have the second largest cataract/implant business on a global basis behind Alcon, Inc., a subsidiary of Nestle S.A. Other
competitors in the cataract/implant business include Bausch & Lomb, Staar Surgical, Eyeonics, Hoya, Santen, and Zeiss-Meditec. We believe we have the world’s largest laser vision correction business. Other competitors include Alcon,
Bausch & Lomb, Zeiss-Meditec, Moria, Nidek and Ziemer. We believe our competitive position is enhanced by our large international distribution network, our focus on technology and customer relationships, and product quality. Our ability to
compete against larger companies may be impeded by having fewer resources to devote to research and development as well as sales and marketing.

SIZE="2">Companies within the eye care market compete primarily on recommendations from eye care professionals, customer brand loyalty, product quality and pricing. We believe we have one of the top three largest contact lens care businesses on a
global basis along with Alcon and Bausch & Lomb. Other competitors include CIBA Vision Corporation, a unit of Novartis, and, within the Japan region, Rohto and Menicon. Our competitive position in the eye care business is enhanced by our
strong presence outside the United States and our knowledge of these foreign markets, as well as technological advancement. Our larger competitors have more resources to devote to advertising and promotion, and this may negatively impact our
competitive position.

Our competitors may develop technologies and products that are more effective or less costly than any of our current
or future products or that could render our products obsolete or noncompetitive. Some of these competitors have substantially more resources and marketing capabilities than we do. Among other things, these consolidated companies can spread their
research and development costs over much broader revenue bases than we can and may be able to better influence customer and distributor buying decisions. Our inability to produce and develop products that compete effectively against those of our
competitors could result in a material reduction in sales.

This excerpt taken from the EYE 10-K filed Mar 1, 2007.

Environmental Matters

Our facilities and operations are subject to federal, state and local environmental and occupational health and safety requirements of the United States and foreign countries, including those relating to discharges of substances to the air, water and land, the handling, storage and disposal of hazardous materials and wastes and the cleanup of properties affected by pollutants. We believe we are currently in material compliance with such requirements and do not currently anticipate any material adverse effect on our business or financial condition as a result of our efforts to comply with such requirements.

In the future, federal, state or local governments in the United States or foreign countries could enact new or more stringent laws or issue new or more stringent regulations concerning environmental and worker health and safety matters that could affect our operations. Also, in the future, contamination may be found to exist at our current or former facilities or off-site locations where we have sent wastes. We could be held liable for such newly-discovered contamination which could have a material adverse effect on our business or financial condition. In addition, changes in environmental and worker health and safety requirements could have a material effect on our business or financial condition.

This excerpt taken from the EYE 10-K filed Mar 14, 2006.

Environmental Matters

 

Our facilities and operations are subject to federal, state and local environmental and occupational health and safety requirements of the United States and foreign countries, including those relating to discharges of substances to the air, water and land, the handling, storage and disposal of wastes and the cleanup of properties affected by pollutants. We believe we are currently in material compliance with such requirements and do not currently anticipate any material adverse effect on our business or financial condition as a result of our efforts to comply with such requirements.

 

In the future, federal, state or local governments in the United States or foreign countries could enact new or more stringent laws or issue new or more stringent regulations concerning environmental and worker health and safety matters that could affect our operations. Also, in the future, contamination may be found to exist at our current or former facilities or off-site locations where we have sent wastes. We could be held liable for such newly-discovered contamination which could have a material adverse effect on our business or financial condition. In addition, changes in environmental and worker health and safety requirements could have a material effect on our business or financial condition.

 

This excerpt taken from the EYE 10-K filed Mar 2, 2005.

Environmental Matters

 

Our facilities and operations are subject to federal, state and local environmental and occupational health and safety requirements of the United States and foreign countries, including those relating to discharges of substances to the air, water and land, the handling, storage and disposal of wastes and the cleanup of properties affected by pollutants. We believe we are currently in material compliance with such requirements and do not currently anticipate any material adverse effect on our business or financial condition as a result of our efforts to comply with such requirements.

 

In the future, federal, state or local governments in the United States or foreign countries could enact new or more stringent laws or issue new or more stringent regulations concerning environmental and worker health and safety matters that could affect our operations. Also, in the future, contamination may be found to exist at our current or former facilities or off-site locations where we have sent wastes. We could be held liable for such newly-discovered contamination which could have a material adverse effect on our business or financial condition. In addition, changes in environmental and worker health and safety requirements could have a material effect on our business or financial condition.

 

12

Table of Contents

EXCERPTS ON THIS PAGE:

10-K (3 sections)
Feb 24, 2009
10-K (2 sections)
Mar 3, 2008
10-K
Mar 1, 2007
10-K
Mar 14, 2006
10-K
Mar 2, 2005

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