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STAAR Surgical Generates $19.8 Million in Fourth Quarter Revenue

Visian(R) ICL(TM) Units Increase by 38% During Quarter and 26% for the Year

Visian ICL Gains Market Share in Seven of Top Ten Markets During the Year

Operations Generate $1.1 Million in Cash During Fourth Quarter

Divestiture of Domilens Results in Year End Adjusted Cash Position of Approximately $25 Million

2010 Outlook; Revenue Growth, Improved Gross Margins, And Continued Cash Generation


News provided by

STAAR Surgical Company

Mar 02, 2010, 04:48 ET

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MONROVIA, Calif., March 2 /PRNewswire-FirstCall/ -- STAAR Surgical Company (Nasdaq: STAA), a leading developer, manufacturer and marketer of minimally invasive ophthalmic products, today reported that revenue for the fourth quarter grew to $19.8 Million.  In addition, the Company generated more than $1 million of cash from operations during the quarter and today announces the completion of the divestiture of its German distribution subsidiary, Domilens.  As a result, the Company has substantially increased its cash position without diluting stockholders and continues to invest in its core high-margin product lines to accelerate long term, profitable growth.

Fourth Quarter Financial Highlights

  • Total sales in the fourth quarter of 2009 grew 9% to $19.8 million from the fourth quarter of 2008 due to increased sales of IOLs and ICLs and a $1.2 million favorable effect of currency offset, in part, by decreased lower margin product sales that have been de-emphasized by the company.  Sales during the fourth quarter of 2008 were $18.2 million.  
  • International sales grew 17.3% to $16.1 million from the fourth quarter of 2008 due to a 47% increase in ICL sales and the $1.2 million favorable effect of currency.
  • U.S. sales declined by 15.7% to $3.8 million from the fourth quarter of 2008. This was mainly due to a decrease in lower margin non-lens and IOL product sales.  
  • Gross margin decreased 140 basis points from the comparative prior year period to 55.7%, but improved 140 basis points from the third quarter of 2009.  The year over year decrease was primarily due to higher inventory provisions recorded during the current quarter.  
  • Selling, general, and administrative expenses before other charges were $12 million which was a $0.7 million or 5% reduction from prior year. Total selling, general, and administrative expenses were $19.2 million compared to $18.6 million in the same quarter in 2008.
  • Operating loss was $8.2 million and included a $6.6 million charge resulting from the Moody verdict and related costs and a $0.6 million charge for patent amortization to correct the useful lives of certain patents.    Excluding these charges operating loss was approximately $1.0 million which is a 59% improvement over the fourth quarter of 2008.  
  • During the fourth quarter 2009, the Company generated $1.1 million of cash from operating activities compared with cash used of $1.0 million in the fourth quarter of 2008.

CASH PROVIDED BY (USED IN) OPERATING ACTIVITIES (000'S)


Q1  2008

Q2 2008

Q3 2008

Q4 2008

Q1 2009

Q2 2009

Q3 2009

Q4 2009

($3,370)

($2,760)

($1,107)

($ 991)

($ 448)

$ 286

$ 464

$ 1,125


Recent Visian Implantable Collamer® Lens (ICL) Highlights

  • Fourth quarter 2009 global Visian ICL sales increased 36.9% to $6.0 million from the fourth quarter of 2008 due to increased usage despite a decline in the overall refractive market  
  • Fourth quarter 2009 international Visian ICL sales increased 47.2% to $5.0 million from the fourth quarter 2008. Unit volume sales increased 45%. Fourth quarter 2009 U.S. Visian ICL sales increased 2.8% to $1.044 million from the fourth quarter 2008.
  • STAAR received regulatory approval from the Japan Ministry of Health, Labor and Welfare to market the Visian ICL in Japan. This marks the first phakic lens approval for the Japanese market.  STAAR has now begun the process to gain approval for the Visian Toric ICL™ in Japan.  
  • STAAR continues to work with the FDA on the U.S. approval of the Visian Toric ICL.  The agency provided additional questions last month to which the Company is preparing a response.

Recent Intraocular Lens (IOL) Highlights

  • Fourth quarter 2009 global IOL sales increased 5.3% to $9.0 million from the fourth quarter 2008 due to the favorable effect of exchange.  Unit volume decreased 12.5% but average selling prices increased 11.2%, primarily due to a sales mix shift to new, higher-priced, IOLs.
  • Fourth quarter 2009 international IOL sales increased 13.2% to $6.9 million from the fourth quarter 2008.   This was primarily due to the favorable effect of exchange and improved average selling prices partially offset by slightly lower unit volume.
  • Fourth quarter 2009 U.S.  IOL sales decreased 14.0% to $2.1 million from the fourth quarter 2008.   The nanoFLEX™ IOL adoption has been strong, particularly beginning in December, driven by the positive outcomes noted by the Collamer Accommodating Study Team (CAST). Those increases have continued through the first two months of 2010.
  • Based upon the First Phase Assessments from the CAST a protocol for a clinical study of the nanoFLEX IOL was submitted to the FDA during the quarter (CAST II).  The STAAR research and development team is working with the Company's regulatory team to also submit a protocol for a clinical study of a newly designed nanoFLEX IOL which could potentially enhance the visual near and intermediate results observed by CAST.  The Company refers to this development project as CAST III.

"Our fourth quarter marked the completion of a challenging though fairly successful year for STAAR Surgical," said Barry G. Caldwell, President and CEO.  "We generated cash from operations for both the quarter and the full year, which was one of our key goals.   We invested in our core product lines, launched new and highly competitive offerings in the IOL space, obtained approval in Japan for the Visian ICL, released the first results of our Collamer Accommodating Study Team (CAST), continued to generate strong global sales momentum for the Visian ICL and today announced the divestiture of our German distribution subsidiary.

"Globally, our focus on ICL and IOL core products resulted in an annual increase in sales over prior year," continued Mr. Caldwell.  "The annual global Visian ICL sales growth of 15% reflects the acceptance of the ICL technology particularly given the overall decline in refractive procedures.  We believe we gained market share in seven of the top ten refractive markets according to Market Scope global procedure data.  This was led by Korea where we achieved a 56% gain in dollars and 87% gain in units, reflecting the successful execution of a strategy implemented in that market in early 2009.  According to Market Scope data we believe that Korea is the first country in which we have obtained a 10% share of the refractive market."

Divestiture of Domilens Distribution Business

STAAR also today announced the divestiture of its German distribution subsidiary, Domilens GmbH, through a management buyout led by funds managed by Hamburg based Small Cap Buyout specialist BPE Unternehmensbeteiligungen G.m.b.H.   The gross sales price is €10.5 million (or approximately $14.3 million based on current exchange rates).   Depending on the performance of Domilens over the next three years, STAAR may earn up to an additional €675,000 (or approximately $920,000 based on exchange rates today) during that timeframe.  The transaction closed earlier today.

Domilens GmbH was founded in 1987 and is a leading distributor of ophthalmic products in Germany and generated approximately $24.3 million in net sales during 2009.   Domilens will continue to be the exclusive distribution partner of STAAR Surgical in Germany and Austria for the next three years handling STAAR's Visian Implantable Collamer Lenses (ICL), and pre-loaded IOL products.  After the initial three year period, Domilens will have non-exclusive distribution rights for these STAAR products unless the parties were to agree to an extension of the exclusivity.   As a result of the divestiture, STAAR's year-end adjusted cash and cash equivalents and restricted cash position is expected to be approximately $25 million. The approximate amount consists of: a post transaction cash position of $4.7 million, $7.4 million in restricted cash and approximately $12.8 million in net proceeds.

"Domilens is a very customer focused distribution channel for ophthalmic products in Germany," explained Mr. Caldwell.  "STAAR purchased this distribution business in stages during a five year period between 1998 and 2003.  The original intent was that Domilens would become a significant distribution channel for STAAR products.  Though the business has grown nicely STAAR products were 7.6% of Domilens revenues in 2009.  We want to thank the employees of Domilens for their contributions to STAAR.  We look forward to continuing a strong relationship as we partner with them for the distribution of STAAR products in Germany and Austria.   The divestiture is expected to immediately increase our gross margins and the proceeds from the transaction will enable us to execute sales and marketing programs for our core ICL and IOL products lines globally.    In addition, though our objective is to resolve outstanding litigation through the mediation process scheduled for later this month, we are now able to post an additional bond in order to pursue vigorously the appeal process.  Pursuing the appeal process could take up to two years, but the costs to the company in terms of management time and legal expenses would be significantly reduced from that of recent periods."

"From a financial performance perspective, as a result of the divesture, based on 2009 results and our annual revenue will be reduced by about 30%.   This revenue generated significantly lower gross margins due to the more general nature of the business which had a greater focus on peripheral product lines with lower margins," concluded Mr. Caldwell.  "At the same time, our core product business generates much higher overall gross margins.  We expect that over the long term the investments made possible by the divestiture's proceeds will lead to consistently higher rates of top line growth.  Despite losing the cash from operations generated by Domilens which was $1.8 million during 2009, we still expect to generate cash from operations during 2010."

Financial Performance for the Fourth Quarter and Full Year Ended January 1, 2010

Global product sales for the quarter were $19.8 million, a 9.2% increase over the $18.2 million reported for the fourth quarter of 2008.   International sales were up 17% over the same period in 2008 and up 14% sequentially to $16.1 million. The increase in sales was led by strong international sales of ICLs, primarily in Korea, China, and France. Visian ICL unit volume was up 45% while dollars increased by 47%.  Total U.S. sales for the fourth quarter were $3.8 million, a decrease of 15.7% from the fourth quarter of 2008. U.S. Visian ICL sales were $1.0 million, a 2.8% increase as compared to the same period of 2008.

Global product sales for 2009 were $75.3 million, a 1% increase over the $74.9 million reported for 2008. Increased sales of ICLs and IOLs were largely offset by a 15% decrease in non-lens sales. Non-lens sales decreased as expected as a result of the Company's decision to deemphasize lower margin product. International sales for 2009 were $59.3 million, up 6% from $56.0 million in 2008.  International Visian ICL sales were $17.0 million, up 19.6% over the $14.2 million reported in 2008.  International IOL sales were $25.2 million, up 7.6% over the $23.4 million reported in 2008.  U.S. sales for 2009 were $16.1 million, down 15% from $18.9 million in 2008.  U.S. Visian ICL sales were $5.0 million, up 2.5% over $4.9 million in 2008.

Gross profit margin for the fourth quarter of 2009 was 55.7%, compared to 57.1% in the fourth quarter of 2008.  Gross profit margin for 2009 was 55.6%, compared with 53.6% for 2008.  Excluding $1.5 million in purchase accounting charges recorded in the first quarter of 2008, gross profit margin was 55.6% for the year. Gross profit margin was lower in the fourth quarter of 2009 compared with the fourth quarter of 2008 due primarily to higher inventory provisions recorded during the quarter.  Inventory reserves were significantly lower in the fourth quarter of 2008 because Collamer spherical IOL inventory, previously reserved, was consumed due to the delayed launch of the Collamer single-piece aspheric IOL and slower moving IOLs in Japan were consumed beyond expectations.  Manufacturing costs improved in the fourth quarter due to the resolution of manufacturing yield issues that negatively impacted the first three quarters of 2009.    

General and administrative ("G&A") expenses for the fourth quarter of 2009 were $4.1 million, a decrease of 5.3% over the $4.3 million incurred in the fourth quarter of 2008.  The decrease is due to lower overall spending in the U.S.  G&A expense in 2009 was $15.7 million, down slightly compared to 2008 despite an $843,000 increase in legal expenses during the year.

Marketing and selling expense for the fourth quarter was $6.5 million, a one percent increase from the fourth quarter of 2008.  The increase was due to higher headcount internationally largely offset by decreased salaries, travel, consulting fees, promotional activities and commissions in the U.S.   Marketing and selling expense for 2009 was $24.2 million, a 10.4% decrease over the $27.1 million incurred in 2008 due to decreased salaries, travel, consulting fees, promotional activities and commissions in the U.S.  

Research and development expensed for the quarter was $1.5 million, a 24.1% decrease over the fourth quarter 2008, due largely to decreased salaries, consulting fees and general cost containment efforts in the U.S. and Japan.   Research and development expense for 2009 was $5.9 million, a 25.8% decrease over the $7.9 million incurred in 2008.  The decrease is due primarily to decreased salaries, consulting fees and general cost containment efforts in the U.S.  

Total selling, general, and administrative expenses during the fourth quarter were $19.2 million compared to $18.6 million in the same quarter of 2008, and $53.0 million for the full year 2009 compared to $60.5 million in 2008. Total expenses related to general and administrative, sales and marketing and research and development before other expenses for the fourth quarter were $12.0 million, compared to $12.7 million during the fourth quarter of 2008, and $45.8 million in 2009 compared to $50.7 million in 2008.  This reflects a 5.2% and 9.6% respective decline from prior year and demonstrates management's continued focus on expense management.

Other charges recorded in the fourth quarter of 2009, include the judgment plus costs associated with the jury verdict in favor of Scott C. Moody, Inc. totaling $6.6 million. In addition, the Company recorded a $0.6 million charge associated with certain patents that were determined to have shorter useful lives than originally estimated.

For the quarter ended January 1, 2010, net loss was $9.4 million or $0.27 per share, compared with $9.5 million or $0.32 per share for the fourth quarter of 2008. Non-cash expenses for the quarter were $2.2 million.  For the year ended January 1, 2010, the net loss was $14.1 million or $0.43 per share, compared with $23.2 million or $0.79 per share for the year ended January 2, 2009.  The net loss per share associated with other operating expenses was $0.21.  Total non-cash expenses were $6.4 million during 2009, compared to $10.8 million during 2008.  

At January 1, 2010, cash, cash equivalents and restricted cash were $13.7 million, compared to $5.2 million at January 2, 2009.  During 2009 the Company generated $1.4 million of cash from operating activities compared with cash used in operating activities of $8.2 million in 2008.  

Conference Call

The Company will host a conference call and webcast on Tuesday, March 2, 2010 at 4:30 p.m. Eastern / 1:30 p.m. Pacific to discuss the Company's fourth quarter and fiscal year results, and recent corporate developments. The dial-in number for the conference call is 877-941-2927 for domestic participants and 480-629-9725 for international participants.

A taped replay of the conference call will also be available beginning approximately one hour after the call's conclusion and will be available for seven days. This replay can be accessed by dialing 800-406-7325 for domestic callers and 303-590-3030 for international callers, both using passcode 4221517#. To access the live webcast of the call, go to STAAR's website at www.staar.com. An archived webcast will also be available at www.staar.com.

About STAAR Surgical

STAAR is a leader in the development, manufacture and marketing of minimally invasive ophthalmic products employing proprietary technologies. STAAR's products are used by ophthalmic surgeons and include the Visian ICL, a tiny, flexible lens implanted to correct refractive errors, as well as innovative products designed to improve patient outcomes for cataracts and glaucoma. Manufactured in Switzerland by STAAR, the ICL is approved by the FDA for use in treating myopia, has received CE Marking and is sold in more than 40 countries. More information is available at www.staar.com.

Safe Harbor

The financial information presented in this press release as of January 1, 2010 is preliminary and remains subject to review by STAAR's independent registered public accountants in connection with the preparation of STAAR's audited consolidated financial statements.  Final financial information, which STAAR will report in its Annual Report on Form 10-K for the fiscal year ended January 1, 2010, may differ.  

All statements in this press release that are not statements of historical fact are forward-looking statements, including statements about any of the following: projections of earnings; revenue; sales; cash or any other financial items; the plans, strategies, and objectives of management for future operations or prospects for achieving such plans; future sale; prospects for any product approval, including approval of the Visian Toric ICL in the U.S. or Japan; the outcome of plans to develop accommodating lenses or other products; the financial effect of the Domilens divestiture; our future performance; statements of belief; and any statements of assumptions underlying any of the foregoing.

These statements are based on expectations and assumptions as of the date of this press release and are subject to numerous risks and uncertainties, which could cause actual results to differ materially from those described in the forward-looking statements. The risks and uncertainties include the following:  our limited capital resources and limited access to financing; our inability to use as working capital the $7.4 million in cash we have deposited to bond the Parallax appeal and up to $9.9 million that may be necessary to bond the Moody appeal until resolution of those appeals; the fact that our public accounting firm has expressed doubt about our ability to continue as a going concern in their opinion on our financial statements; the broad discretion of the FDA and other regulators in approving any medical device and the inherent uncertainty that new devices will be approved; the likelihood of administrative delays; the need in certain future FDA submissions to satisfy additional and potentially costly requirements such as third party audits; the cost of satisfying the Moody judgment or posting a $9.9 million bond to appeal it; the risk that a significant part of the proceeds of the Domilens divestiture may not be invested in improving our business because of those costs; the fact that insurance covers only a portion of the cost of litigation, cannot cover punitive damages, and may not cover compensatory damages in our recent adverse judgments; the negative effect of the global recession on sales of products, especially products such as the ICL used in non-reimbursed elective procedures; the challenge of managing our foreign subsidiaries; our future reliance on the performance of an independent exclusive distributor in Germany; the risk that sales of our newly introduced products may not restore profitability to our U.S. IOL product line; our ability to overcome negative publicity resulting from warning letters and other correspondence from the FDA Office of Compliance and to demonstrate to the agency that its past concerns have been resolved; the willingness of surgeons and patients to adopt a new product and procedure; and the potential effect of recent negative publicity about LASIK on the demand for refractive surgery in general in the U.S. STAAR assumes no obligation to update its forward-looking statements to reflect future events or actual outcomes and does not intend to do so.

STAAR's current data on the accommodating properties of the Collamer material derive from the reports of individual independent clinicians and have not been subjected to large scale clinical studies. STAAR's current nanoFLEX IOL does not currently have an FDA labeling claim for accommodation. STAAR cannot assure that its further research will support a claim that either its current Collamer lenses or future designs restore the eye's ability to accommodate. If clinical research does not support these claims, or supports only a narrow range of accommodation, STAAR's Collamer accommodation project may not result in increased sales. New lens designs may require clinical research studies and applying for the FDA's premarket approval, which are expensive and could result in delay or denial of approval.

Use of Non-GAAP Information

This news release presents selected items from the Company's Condensed Consolidated Statements of Operations as reported in accordance with U.S. generally accepted accounting principles ("GAAP"), and also on a non-GAAP basis after excluding certain non-recurring expenses, and excluding changes in currency. None of these measures are a substitute for measures determined in accordance with GAAP, and may not be comparable to the same measures as reported by other companies.

When reviewing financial information to assess the effectiveness of initiatives to enhance long-term performance by reducing expenses, management may eliminate the effect of significant non-recurring expenses in order to discern underlying trends. In the 2008 fiscal year, the Company's results were significantly affected by the following non-recurring expenses classified in the GAAP reconciliation table as "purchase A/C [accounting] charges": a $1.5 million purchase accounting charge related to inventory purchased in the acquisition of STAAR Japan, Inc. and a $3.8 million charge for the settlement of a pre-existing distribution arrangement in connection with the STAAR Japan, Inc. acquisition. Because the effect of purchase accounting charges can overwhelm the effect of meaningful trends in the Company's business performance, management evaluates its performance excluding these non-recurring items. The Company believes that this non-GAAP measure is also helpful to investors in discerning underlying trends. The table below shows the effects of the excluded non-recurring items.

The Company conducts a significant part of its activities outside the U.S. It receives sales revenue and pays expenses principally in U.S. dollars, Swiss francs, Japanese yen and Euros. The exchange rates between dollars and non-U.S. currencies can fluctuate greatly and can have a significant effect on our results when reported in U.S. dollars. When preparing its financial statements in conformance with GAAP, the Company translates foreign currency sales and expenses to dollars at the weighted average of exchange rates in effect during the period. As a result, the Company's reported performance may be significantly affected by currency fluctuations. In order to compare the Company's performance from period to period without the effect of currency, the Company will apply the same average exchange rate applicable in the prior period, or the "constant currency" rate to sales or expenses in the current period as well. Because changes in currency are outside of the control of the Company and its managers, management finds this non-GAAP measure useful in determining the long term progress of its initiatives and determining whether its managers are achieving their performance goals. The Company believes that the non-GAAP constant-currency sales results measures provided in this press release are similarly useful to investors to give insight on long term trends in the Company's performance without the external effect of changes in relative currency values. The table below shows sales results calculated in accordance with GAAP, the effect of currency, and the resulting non-GAAP measure expressed in constant currency.

(Tables to Follow)

CONTACT:

Investors

Media


EVC Group

EVC Group


Douglas Sherk, 415-896-6820

Christopher Gale, 646-201-5431


Barbara Domingo, 415-896-6820


    
    
    STAAR Surgical Company                                                   
    Condensed Consolidated Statements of Operations                          
    (In 000's except for per share data)                                     
    Unaudited                                                                
                                                                             
                                                                             
                                                                             
                                                 Three Months Ended          
                                                 ------------------          
                                         % of  January 1,   % of  January 2, 
                                        Sales        2010  Sales        2009 
                                        -----        ----  -----        ---- 
                                                                             
    Net sales                           100.0%    $19,831  100.0%    $18,157 
                                                                             
    Cost of sales                        44.3%      8,777   42.9%      7,797 
                                                    -----              ----- 
                                                                             
    Gross profit                         55.7%     11,054   57.1%     10,360 
                                                   ------             ------ 
                                                                             
    Selling, general                                                         
     and                                                                     
     administrative                                                          
     expenses:                                                               
      General and                                                            
       administrative                    20.5%      4,070   23.6%      4,288 
      Marketing and                                                          
       selling                           32.6%      6,465   35.4%      6,426 
      Research and                                                           
       development                        7.6%      1,498   10.9%      1,974 
      Other expenses                     36.3%      7,209   32.6%      5,923 
                                                    -----              ----- 
                                                                             
         Total selling,                                                      
          general and                                                        
          administrative                                                     
          expenses                       97.0%     19,242  102.5%     18,611 
                                                   ------             ------ 
                                                                             
    Operating loss                      -41.3%     (8,188) -45.4%     (8,251)
                                                   ------             ------ 
                                                                             
    Other income                                                             
     (expense):                                                              
      Interest income                     0.1%         24    0.1%         22 
      Interest expense                   -3.1%       (618)  -1.4%       (256)
      Loss on foreign                                                        
       currency                          -1.0%       (200)  -2.0%       (367)
      Other income, net                   0.8%        167    0.1%         22 
                                                      ---                 -- 
        Other expense, net               -3.2%       (627)  -3.2%       (579)
                                                     ----               ---- 
                                                                             
    Loss before                                                              
     provision for                                                           
     income taxes                       -44.5%     (8,815) -48.6%     (8,830)
                                                                             
    Provision for                                                            
     income taxes                         2.8%        565    3.5%        630 
                                                      ---                --- 
                                                                             
    Net loss                            -47.3%    $(9,380) -52.1%    $(9,460)
                                                  =======            ======= 
                                                                             
    Loss per share:                                                          
    Basic and diluted                              $(0.27)            $(0.32)
                                                   ======             ====== 
                                                                             
    Weighted average shares                                                  
     outstanding:                                                            
    Basic and diluted                              34,737             29,496 
                                                   ======             ====== 
                                                                             
                                                                             
                                                                             
                                                     Year Ended              
                                                     ----------              
                                         % of  January 1,   % of  January 2, 
                                        Sales        2010  Sales        2009 
                                        -----        ----  -----        ---- 
                                                                             
    Net sales                           100.0%    $75,345  100.0%    $74,894 
                                                                             
    Cost of sales                        44.4%     33,452   46.4%     34,787 
                                                   ------             ------ 
                                                                             
    Gross profit                         55.6%     41,893   53.6%     40,107 
                                                   ------             ------ 
                                                                             
    Selling, general                                                         
     and                                                                     
     administrative                                                          
     expenses:                                                               
      General and                                                            
       administrative                    20.8%     15,696   21.0%     15,730 
      Marketing and                                                          
       selling                           32.2%     24,249   36.1%     27,053 
      Research and                                                           
       development                        7.8%      5,893   10.6%      7,938 
      Other expenses                      9.6%      7,209   13.0%      9,773 
                                                    -----              ----- 
                                                                             
         Total selling,                                                      
          general and                                                        
          administrative                                                     
          expenses                       70.4%     53,047   80.7%     60,494 
                                                   ------             ------ 
                                                                             
    Operating loss                      -14.8%    (11,154) -27.1%    (20,387)
                                                  -------            ------- 
                                                                             
    Other income                                                             
     (expense):                                                              
      Interest income                     0.1%         60    0.2%        160 
      Interest expense                   -2.4%     (1,801)  -1.2%       (901)
      Loss on foreign                                                        
       currency                           0.0%          -   -0.9%       (696)
      Other income, net                   0.4%        289    0.2%        152 
                                                      ---                --- 
        Other expense, net               -1.9%     (1,452)  -1.7%     (1,285)
                                                   ------             ------ 
                                                                             
    Loss before                                                              
     provision for                                                           
     income taxes                       -16.7%    (12,606)  28.8%    (21,672)
                                                                             
    Provision for                                                            
     income taxes                         2.0%      1,491    2.0%      1,523 
                                                                             
    Net loss                            -18.7%   $(14,097) -30.8%   $(23,195)
                                                 ========           ======== 
                                                                             
    Loss per share:                                                          
    Basic and diluted                              $(0.43)            $(0.79)
                                                   ======             ====== 
                                                                             
    Weighted average shares                                                  
     outstanding:                                                            
    Basic and diluted                              32,498             29,474 
                                                   ======             ====== 
    
    
    
    STAAR Surgical Company                                                 
    Global Sales                                                           
    (in 000's)                                                             
    Unaudited                                                              
                                                                           
                                                                           
                                            Three Months Ended             
                                                                           
                                 % of   January 1, % of    January 2,  %   
    Geographic Sales            Sales      2010   Sales       2009  Change 
                                -----      ----   -----       ----  ------ 
    United States                19.0%     $3,759  24.6%     $4,458  -15.7%
                                                                           
    Germany                      33.0%      6,543  32.2%      5,864   11.6%
    Japan                        17.7%      3,512  21.4%      3,878   -9.4%
    Korea                         8.6%      1,702   3.8%        694  145.2%
    Other                        21.7%      4,315  18.0%      3,263   32.2%
                                            -----             -----        
      Total International Sales  81.0%     16,072  75.4%     13,699   17.3%
                                                                           
                                          -------           -------        
        Total Sales             100.0%    $19,831 100.0%    $18,157    9.2%
                                          =======           =======        
                                                                           
                                                                           
    Product Sales                                                          
        IOLs                     45.4%     $8,998  47.0%     $8,547    5.3%
        ICLs                     30.3%      6,010  24.2%      4,389   36.9%
        Other                    24.3%      4,823  28.8%      5,221   -7.6%
                                            -----             -----        
      Total                     100.0%    $19,831 100.0%    $18,157    9.2%
                                          =======           =======        
                                                                           
                                                                           
                                                                           
                                                Year Ended                 
                                                                           
                                 % of  January 1,  % of  January 2,    %   
    Geographic Sales            Sales        2010 Sales        2009 Change 
                                -----        ---- -----        ---- ------ 
    United States                21.4%    $16,088  25.3%    $18,927  -15.0%
                                                                           
    Germany                      32.2%     24,286  33.6%     25,124   -3.3%
    Japan                        19.5%     14,711  18.0%     13,485    9.1%
    Korea                         7.1%      5,366   4.6%      3,471   54.6%
    Other                        19.8%     14,894  18.5%     13,887    7.3%
                                           ------            ------        
      Total International Sales  78.6%     59,257  74.7%     55,967    5.9%
                                                                           
                                          -------           -------        
        Total Sales             100.0%    $75,345 100.0%    $74,894    0.6%
                                          =======           =======        
                                                                           
                                                                           
    Product Sales                                                          
        IOLs                     44.9%     33,861  43.8%    $32,867    3.0%
        ICLs                     29.2%     21,973  25.5%     19,069   15.2%
        Other                    25.9%     19,511  30.7%     22,958  -15.0%
                                           ------            ------        
      Total                     100.0%    $75,345 100.0%    $74,894    0.6%
                                          =======           =======        
    
    
    
    STAAR Surgical Company                                       
    Condensed Consolidated Balance Sheets                        
    (in 000's)                                                   
    Unaudited                                                    
                                                                 
                                            January 1,  January 2,
                                               2010        2009 
                                               ----        ---- 
                                                                 
                                                                 
    Cash and cash equivalents                 $6,330      $4,992 
    Short-term investments - restricted        7,396         179 
    Accounts receivable trade, net             9,269       8,422 
    Inventories                               14,820      16,668 
    Prepaids, deposits, and other                                
     current assets                            2,591       2,009 
                                               -----       ----- 
       Total current assets                   40,406      32,270 
                                              ------      ------ 
    Property, plant, and equipment, net        5,005       5,974 
    Intangible assets, net                     4,148       5,611 
    Goodwill                                   7,879       7,538 
    Other assets                               1,243       1,189 
                                               -----       ----- 
       Total assets                          $58,681     $52,582 
                                             =======     ======= 
                                                                 
                                                                 
    Accounts payable                          $7,825      $6,626 
    Line of credit                             2,160       2,200 
    Deferred income taxes - current                -         282 
    Obligations under capital leases                             
     - current                                   795         989 
    Other current liabilities                 19,552      11,366 
    Notes payable - current, net                                 
     of discount                               4,503           - 
                                               -----           - 
       Total current liabilities              34,835      21,463 
                                              ------      ------ 
    Notes payable - long-term, net                               
     of discount                                   -       4,414 
    Obligations under capital leases -                           
      long-term                                1,098       1,335 
    Deferred income taxes - long-term            653         897 
    Other long-term liabilities                2,136       1,678 
                                               -----       ----- 
    Total liabilities                         38,722      29,787 
                                                                 
    Series A redeemable convertible                              
     preferred stock                           6,784       6,768 
                                                                 
    Common stock                                 348         295 
    Additional paid-in capital               149,559     138,811 
    Accumulated other                                            
     comprehensive income                      3,256       2,812 
    Accumulated deficit                     (139,988)   (125,891)
                                            --------    -------- 
    Total stockholders' equity                13,175      16,027 
                                              ------      ------ 
    Total liabilities, redeemable                                
     convertible preferred stock and                             
     stockholders' equity                    $58,681     $52,582 
                                             =======     ======= 
    
    
    
    STAAR Surgical Company                                            
    Condensed Consolidated Statements of Cash Flows                   
    (in 000's)                                                        
    Unaudited                                                         
                                                     Year Ended       
                                                     ----------       
                                               January 1,  January 2, 
                                                     2010        2009 
                                                     ----        ---- 
    Cash flows from operating                                         
     activities:                                                      
       Net loss                                  $(14,097)   $(23,195)
       Adjustments to reconcile net loss                              
        to net cash used in operating                                 
        activities:                                                   
      Depreciation of property and                                    
       equipment                                    2,341       2,797 
      Amortization of intangibles                   1,402         843 
      Impairment loss on patents                        -       1,023 
      Amortization of discount                        379         248 
      Deferred income taxes                           246         238 
      Fair value adjustment of warrant                 40          (7)
      Loss on disposal of property and                                
       equipment                                      174          48 
      Stock-based compensation expense              1,457       1,513 
      Loss on settlement of pre-existing                              
       distribution arrangement                         -       3,850 
      Change in pension liability                     206          72 
      Other                                           193         151 
       Changes in working                                             
        capital, net of business                                      
        acquisition:                                                  
      Accounts receivable                            (944)       (891)
      Inventories                                   1,587       1,125 
      Prepaids, deposits and other                                    
       current assets                                 (97)        708 
      Accounts payable                              1,525      (1,870)
      Other current liabilities                     7,015       5,119 
                                                    -----       ----- 
            Net cash provided by                                      
             (used in) operating                                      
             activities                             1,427      (8,228)
                                                    -----      ------ 
                                                                      
    Cash flows from investing                                         
     activities:                                                      
      Cash acquired in acquisition                                    
       of Canon Staar, net of                                         
       acquisition costs                                -       2,215 
      Acquisition of property and                                     
       equipment                                     (586)     (1,092)
      Proceeds from sale of property                                  
       and equipment                                  205         167 
      Sale of short-term investments                  198           - 
      Purchase of short-term investments              (24)       (212)
      Restricted deposit, including                                   
       interest, with the Superior Court                              
       of Orange County                            (7,396)          - 
      Net change in other assets                      (10)         43 
                                                      ---          -- 
            Net cash provided by                                      
             (used in) investing                                      
             activities                            (7,613)      1,121 
                                                   ------       ----- 
                                                                      
    Cash flows from financing                                         
     activities:                                                      
      Borrowings under lines of credit                642       3,880 
      Repayments of lines of credit                  (642)     (1,940)
      Repayment of capital lease lines                                
       of credit                                   (1,147)       (983)
      Net proceeds of public sale                                     
       of equity securities, net                                      
       of issuance fees                             8,502           - 
      Proceeds from the exercise of                                   
       stock options                                    1          40 
                                                        -          -- 
            Net cash provided by financing                            
             activities                             7,356         997 
                                                    -----         --- 
                                                                      
    Effect of exchange rate changes                                   
     on cash and cash equivalents                     168         207 
                                                                      
    Increase (Decrease) in cash and cash                              
     equivalents                                    1,338      (5,903)
    Cash and cash equivalents, at                                     
     beginning of the period                        4,992      10,895 
                                                    -----      ------ 
    Cash and cash equivalents, at end                                 
     of the period                                 $6,330      $4,992 
                                                   ======      ====== 
    
    
    
    STAAR Surgical Company                                                   
    GAAP Reconciliation Tables                                               
    (in 000's)                                                               
    Unaudited                                                                
                                                                             
                                                                             
                                 Three Months Ended 1/1/2010                 
                                 ---------------------------                 
                                                                    Three    
                                                                    Months   
         Sales in Constant        As      Effect of      Ex-        Ended 
              Currency         Reported    Currency   Currency    1/02/2009  
                               --------   ---------   --------  ------------ 
    US                            3,759            -     3,759         4,458 
    International                16,072        1,230    14,842        13,699 
                                 ------        -----    ------        ------ 
    Total                        19,831        1,230    18,601        18,157 
                                 ======        =====    ======        ====== 
                                                                             
                                     Year Ended 1/1/2010                     
                                     -------------------                     
         Sales in Constant        As      Effect of      Ex-     Year Ended  
              Currency         Reported    Currency   Currency    1/02/2009  
                               --------   ---------   --------   ----------  
    US                           16,088            -    16,088        18,926 
    International                59,257          (24)   59,281        55,968 
                                 ------          ---    ------        ------ 
    Total                        75,345          (24)   75,369        74,894 
                                 ======          ===    ======        ====== 
                                                                             
                                                                             
                                                                             
                                            Q4 2009 vs. Q4 2008              
                                            -------------------              
                                    As Reported             Ex-Currency      
                                    -----------             -----------      
         Sales in Constant                                                   
              Currency         $ Change    % Change   $ Change    % Change   
                               --------    --------   --------    --------   
    US                             (699)         -16%     (699)          -16%
    International                 2,373           17%    1,143             8%
    Total                         1,674            9%      444             2%
                                                                             
                                    As Reported             Ex-Currency      
                                    -----------             -----------      
         Sales in Constant                                                   
              Currency         $ Change    % Change   $ Change    % Change   
                               --------    --------   --------    --------   
    US                           (2,838)         -15%   (2,838)          -15%
    International                 3,289            6%    3,313             6%
    Total                           451            1%      475             1%
    
    
    
                                                    Year Ended                
                                            % of     January 1,      % of     
           Statement of Operations          Sales      2010          Sales    
                                            -----      ----          -----    
                                                                              
    Net sales                              100.0%    $75,345        100.0%    
    Cost of sales                           44.4%     33,452         46.4%    
                                                      ------                  
    Gross profit                            55.6%     41,893         53.6%    
                                                      ------                  
    Selling, general and                                                      
     administrative expenses                                                  
      General and administrative            20.8%     15,696         21.0%    
      Marketing and selling                 32.2%     24,249         36.1%    
      Research and development               7.8%      5,893         10.6%    
      Other expenses                         9.6%      7,209         13.0%    
                                                       -----                  
         Total selling, general and                                           
          administrative expenses           70.4%     53,047         80.7%    
                                                      ------                  
    Operating loss                         -14.8%    (11,154)       -27.1%    
                                                     -------                  
    Other income (expense):                                                   
      Interest income                        0.1%         60          0.2%    
      Interest expense                      -2.4%     (1,801)        -1.2%   
      Loss on foreign currency               0.0%          -         -0.9%   
      Other income, net                      0.4%        289          0.2%   
                                                         ---                 
        Total other expense, net            -1.9%     (1,452)        -1.7%   
                                                      ------                 
    Loss before provision for                                                
     income taxes                          -16.7%    (12,606)       -28.8%   
    Income tax provision                     2.0%      1,491          2.0%   
                                                       -----                 
    Net loss                               -18.7%   $(14,097)       -30.8%   
                                                    ========                 
    Loss per share:  basic and diluted                $(0.43)                 
                                                      ======                  
    Weighted average shares outstanding:                                      
     basic and diluted                                32,498                  
                                                      ====== 
    
         Year End Adjusted Cash (in $000s)                   
    Cash and cash equivalents at year end             $6,330 
    Restricted cash at year end                        7,396 
    Estimated net cash proceeds from Domilens                
     sale                                             12,772 
    Domilens cash balance at year end                 (1,597)
                                                      ------ 
    Year End Adjusted Cash                           $24,901 
                                                     ------- 
                                                             
                                                             
                                 As Reported Year Ended           
                              January 2,Purchase   Ex Purchase   % of 
    Statement of Operations      2009   A/C Chgs     A/C Chgs   Sales 
                                 ----   --------     --------   ----- 
                                                                        
    Net sales                   $74,894          $-      $74,894  100.0%
    Cost of sales                34,787      (1,500)      33,287   44.4%
                                 ------      ------       ------        
    Gross profit                 40,107       1,500       41,607   55.6%
                                 ------       -----       ------        
    Selling, general and                                                
     administrative                                                     
     expenses                                                           
      General and                                                       
       administrative            15,730           -       15,730   21.0%
      Marketing and                                                     
       selling                   27,053           -       27,053   36.1%
      Research and                                                      
       development                7,938           -        7,938   10.6%
      Other expenses              9,773      (3,850)       5,923    7.9%
                                  -----      ------        -----        
         Total selling,                                                 
          general and                                                   
          administrative                                                
          expenses               60,494      (3,850)      56,644   75.6%
                                 ------      ------       ------        
    Operating loss              (20,387)      5,350      (15,037) -20.0%
                                -------       -----      -------        
    Other income                                                        
     (expense):                                                         
      Interest income               160           -          160    0.2%
      Interest expense             (901)          -         (901)  -1.2%
      Loss on foreign                                                   
       currency                    (696)          -         (696)  -0.9%
      Other income, net             152           -          152    0.2%
                                    ---           -          ---        
        Total other                                                     
         expense, net            (1,285)          -       (1,285)  -1.7%
                                 ------           -       ------        
    Loss before provision                                               
     for income taxes           (21,672)      5,350      (16,322) -21.7%
    Income tax                                                          
     provision                    1,523           -        1,523    2.0%
                                  -----           -        -----        
    Net loss                   $(23,195)     $5,350     $(17,845) -23.7%
                               ========      ======     ========        
    Loss per share:  basic                                              
     and diluted                 $(0.79)      $0.18       $(0.61)       
                                 ======       =====       ======        
    Weighted average shares                                             
     outstanding: basic and                                             
     diluted                     29,474      29,474       29,474        
                                 ======      ======       ======        
    
    
    
     
                                                                   
    Selling, general and                                                  
     administrative expenses                   Three Months Ended     
     before "other expenses"                         1/1/2010                
                                               -------------------       
                                                  Exclude               
    Selling, general and                As        "Other                  
     administrative expenses:         Reported   expenses"  Ex-Other expenses
                                      --------   ---------  -----------------
      General and administrative         $4,070                        $4,070
      Marketing and selling               6,465                         6,465
      Research and                                                           
       development                        1,498                         1,498
      Other expenses                      7,209     (7,209)                 -
                                          -----     ------                  -
         Total selling, general and                                          
          administrative expenses       $19,242    $(7,209)           $12,033
                                         -------    -------           -------
                                                                             
                                                                             
                                                                             
    Selling, general and                                                     
     administrative expenses                     Three Months Ended          
     before "other expenses"                           1/2/2009              
                                                 -------------------         
                                                    Exclude                  
    Selling, general and                  As        "other        Ex-Other   
     administrative expenses:           Reported   expenses"       expenses  
                                        --------   ---------      ---------  
      General and administrative           $4,288                    $4,288  
      Marketing and selling                 6,426                     6,426  
      Research and                                                         
       development                          1,974                     1,974   
      Other expenses                        5,923     (5,923)             -   
                                            -----                    ------   
         Total selling, general and                                           
          administrative expenses         $18,611    $(5,923)       $12,688  
                                          -------    -------        -------  
                                                                             
                                                                             
                                         Q4 2009 vs. Q4 2008                 
                                         -------------------                 
    Selling, general and                                                     
     administrative expenses                                                 
     before "other 
     expenses"            As Reported             Ex-Other expenses           
                          ----------------------  --------------------------- 
    Selling, general and                                                     
     administrative 
     expenses:               $ Change    % Change       $ Change      % Change
                             --------    --------       --------      --------
      General and 
       administrative           $(218)      -5.1%          $(218)       -5.1%
      Marketing and selling        39        0.6%             39         0.6%
      Research and                                                          
       development               (476)     -24.1%           (476)      -24.1%
      Other expenses            1,286       21.7%              -         0.0%
                                -----       ----             ---         --- 
         Total selling, general 
          and                                                             
          administrative 
          expenses               $631        3.4%          $(655)       -5.2%
                                 ----        ---           -----        ---- 
    
    
    
                                                                         
                            Three Months Ended 1/1/2010                  
                            ---------------------------         -------- 
    Operating loss                                                       
     excluding Moody                                                     
     verdict and                                                         
     patents             As        Exclude                               
     adjustment        Reported     Moody        Ex-Patents     Adjusted 
                       --------    --------      ----------     -------- 
    Operating loss       $(8,188)    $6,627            $615        $(946)
                                                                         
                                                                         
                                                                         
                            Three Months Ended 1/2/2009                  
                            ---------------------------                  
    Operating loss                                                       
     excluding Moody                                                     
     verdict and                                                         
     patents              As      Ex Other                               
     adjustment        Reported   Expenses       Adjusted               
                       --------   --------       --------               
    Operating loss       $(8,251)   $5,923       $(2,328)          
                                                                         
                                                                         
                                     Q4 2009 vs. Q4 2008                 
                                     -------------------                 
                        As Reported             Ex-Other expenses  
                        --------------------    -------------------------
    Operating loss                                                       
     excluding Moody                                                     
     verdict and                                                         
     patents                                                             
     adjustment         $ Change    % Change       $ Change      % Change 
                        --------    --------       --------      -------- 
    Operating loss           $63       -0.8%            $1,382     -59.4%
                             ---       ----             ------     ----- 
    
    
    
    Selling, general and administrative                                      
     expenses before "other expenses"         Year Ended 1/1/2010            
                                              -------------------            
                                                   Exclude                   
    Selling, general and                   As      "other      Ex-Other   
     administrative expenses:           Reported  expenses"    expenses  
                                        --------  ---------    ---------  
      General and administrative         $15,696               $15,696       
      Marketing and selling               24,249                24,249       
      Research and development             5,893                 5,893       
      Other expenses                       7,209     (7,209)         -     
                                           -----     ------          -     
         Total selling, general and                                        
          administrative expenses        $53,047    $(7,209)   $45,838     
                                         -------    -------    -------     
                                                                          
                                                                           
                                              Year Ended 1/2/2009          
                                              -------------------          
                                                   Exclude                 
    Selling, general and                   As      "other       Ex-Other 
     administrative expenses:           Reported  expenses"     expenses
                                        --------  ---------     ---------
      General and administrative         $15,730                 $15,730   
      Marketing and selling               27,053                  27,053   
      Research and development             7,938                   7,938   
      Other expenses                       9,773     (9,773)           -   
                                           -----     ------            -   
         Total selling, general and                                        
          administrative expenses        $60,494    $(9,773)     $50,721   
                                         -------    -------      -------   
                                                                           
                                                                           
                                        As                        
                                     Reported             Ex-Other expenses 
                                     -------------------  -------------------
    Selling, general and                                                      
     administrative expenses:        $ Change   % Change   $ Change  % Change 
                                     --------   --------   --------  -------- 
      General and administrative        $(34)      -0.2%      $(34)     -0.2%
      Marketing and selling           (2,804)     -10.4%    (2,804)    -10.4%
      Research and development        (2,045)     -25.8%    (2,045)    -25.8%
      Other expenses                  (2,564)     -26.2%         -       0.0%
                                      ------      -----          -       --- 
         Total selling, general and                                          
          administrative expenses    $(7,447)     -12.3%   $(4,883)     -9.6%
                                     -------      -----    -------      ---- 
    
    
    
                                          Three Months Ended 1/1/2010 
                                          --------------------------- 
    Net loss per share                              Exclude           
     excluding "other                       As      "other            
     expenses"                           Reported  expenses" Adjusted 
                                         --------  --------- -------- 
    Net loss                              $(9,380)    $7,209  $(2,171)
    Loss per share:                                                   
    Basic and diluted                      $(0.27)     $0.21   $(0.06)
                                           ------      -----   ------ 
                                                                      
    Weighted average shares outstanding:                              
    Basic and diluted                      34,737     34,737   34,737 
                                           ======     ======   ====== 
    
    
    

SOURCE STAAR Surgical Company

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