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TomoTherapy Incorporated NASD: TOMO



Company: TomoTherapy Incorporated
Ticker Symbol: NASD: TOMO
Class Period: February 13, 2008 to April 17, 2008
Date Filed: May-30-08
Lead Plaintiff Deadline: July-29-08
Court: District, WI
Allegations:
A class action lawsuit has been filed in the United States District Court, Western District of Wisconsin, 08cv314, on behalf of purchasers of the common stock of TomoTherapy, Inc. ("TOMO" or the "Company") (Nasdaq:TOMO) between February 13, 2008 and April 17, 2008 inclusive (the "Class Period"), seeking to pursue remedies under the Securities Exchange Act of 1934. If you wish to serve as lead plaintiff you must move the Court no later than July 29, 2008. Any member of the purported class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.

The complaint charges TOMO and its Chief Executive Officer with violations of the Federal Securities Laws. TOMO develops, markets and sells the Hi-Art system, is a radiation therapy system for the treatment of various types of cancer. As alleged in the complaint, defendants concealed in their February Press Release that (a) a larger percentage of TOMO's revenue backlog at December 31, 2007 and TOMO's new orders received through February 12, 2008 were from for-profit entities which had ordered multi-unit Hi-Art Systems and had scheduled deliveries of the multi-units sequentially throughout 2008 and 2009; (b) the average selling prices were lower in Q1'08 by approximately 11% than they had been in Q1'07 because Q1'07 sales included a large number of European sales denominated in Euros; (c) new sales orders from Europe had slowed in Q1'08 through February 12, 2008 and TOMO was experiencing a serious delay in closing European orders; (d) TOMO's gross margins in Q1'08 were and would continue to be approximately 20% lower than they had been in Q1'07; and (e) TOMO's revenues in Q1'08 would be substantially lower and would not show increased growth from either Q1'07 or Q4'07 and that TOMO would suffer a loss in Q1'08. Shortly after the February Release, director Neis sold approximately 917,621 shares of TOMO common stock during February 26, 2008 through March 14, 2008.

If you acquired the securities of the defendants during the Class Period you may, no later than the Lead Plaintiff Deadline shown above, request that the Court appoint you as lead plaintiff through counsel of your choice. You may also choose to remain an absent class member. A lead plaintiff must meet certain requirements.

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If you have suffered from financial losses, you may qualify for damages or remedies that may be awarded in a possible class action lawsuit. Please fill in our form on the right to submit your complaint for a free evaluation.


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