Acacia Research Subsidiary CombiMatrix Corporation Announces Settlement of Litigation With Nanogen.Business Editors & Health/Medical Writers BIOWIRE2K NEWPORT BEACH Newport Beach, residential and resort city (1990 pop. 66,643), Orange co., S Calif., on Newport Bay and the Pacific Ocean; inc. 1906. It is a popular seaside resort and yachting center. Manufactures include electrical and medical equipment, computers, boats, and adhesives. , Calif.--(BUSINESS WIRE)--Oct. 1, 2002 Acacia acacia (əkā`shə), any plant of the large leguminous genus Acacia, often thorny shrubs and trees of the family Leguminosae (pulse family). Research Corporation (Nasdaq:ACRI) announced today that its subsidiary CombiMatrix Corporation has entered into an agreement with Nanogen to settle all litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. pending between the two companies. All litigation between the companies will be promptly dismissed. As part of the settlement, Nanogen acknowledges and agrees that CombiMatrix owns all rights to its issued patents, namely U.S. Patents Nos. 6,093,302, 6,280,595 and 6,444,111, all foreign equivalents and any new claims issued via open continuations of the patents. Nanogen also waives all rights to make any future claims of any type, regarding the patents, and shall not take any future actions challenging the validity of the patents, or actions that interfere with CombiMatrix's partners' and customers' use of the patented technology. CombiMatrix will issue Nanogen approximately 4 million shares of its stock and agrees to pay Nanogen $500,000 within 30 days and an additional $500,000 within one year. CombiMatrix will also pay Nanogen a minimum of $37,500 per quarter for the period October 1, 2003 through October 1, 2004 and $25,000 per quarter thereafter until the patents expire. These payments can increase to a maximum $1.5 million annually, based on 12.5% of the first $12 million of CombiMatrix's annual net revenues from product sales. No payments to Nanogen are required from revenues resulting from upfront licensing payments, research and development payments or milestone payments. "This settlement removes an impediment that has slowed our progress with potential business partners," said Dr. Amit Kumar, President and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. of CombiMatrix Corporation. "We are now in a position to move forward with the development and sale of our products." About CombiMatrix CombiMatrix is developing a platform technology that has a wide range of applications, from DNA DNA: see nucleic acid. DNA or deoxyribonucleic acid One of two types of nucleic acid (the other is RNA); a complex organic compound found in all living cells and many viruses. It is the chemical substance of genes. synthesis/diagnostics to immunochemical im·mu·no·chem·is·try n. The chemistry of immunologic phenomena, as of antigen-antibody reactions. im detection. The platform allows the company to rapidly produce customizable active biochips, which are semiconductor-based tools for use in identifying and determining the roles of genes, gene mutations and proteins. The company is designing its products principally to be responsive to the needs of pharmaceutical, biotechnology, and academic researchers in analyzing raw genomic data in the discovery and development of pharmaceutical products. CombiMatrix's Web site is located at www.combimatrix.com. About Acacia Research Corporation Acacia Research develops, licenses and provides products for the life science and media technology sectors. Acacia licenses its V-chip technology to television manufacturers and owns pioneering technology for digital streaming and video-on-demand. Acacia's CombiMatrix subsidiary is developing a biochip biochip Small-scale device, analogous to an integrated circuit, constructed of or used to analyze organic molecules associated with living organisms. One type of theoretical biochip is a small device constructed of large organic molecules, such as proteins, and capable of technology for the life science market. Acacia Research's website is located at www.acaciaresearch.com. Safe Harbor Safe Harbor 1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated. 2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive. Statement under the Private Securities Litigation Reform Act of 1995: This news release contains forward-looking statements within the meaning of the "safe harbor" provisions of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and of 1995. These statements are based upon our current expectations and speak only as of the date hereof. Our actual results may differ materially and adversely from those expressed in any forward-looking statements as a result of various factors and uncertainties, including the recent economic slowdown affecting technology companies, our ability to successfully develop products, rapid technological change in our markets, changes in demand for our future products, legislative, regulatory and competitive developments and general economic conditions. Our Annual Report on Form 10-K Form 10-K A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information. Form 10-K See 10-K. , recent and forthcoming Quarterly Reports on Form 10-Q Form 10-Q See 10-Q. , recent Current Reports on Forms 8-K and 8-K/A, and other SEC filings discuss some of the important risk factors that may affect our business, results of operations and financial condition. We undertake no obligation to revise or update publicly any forward-looking statements for any reason. |
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