American Bio Medica Seeks Temporary Injunction in Ongoing Patent Litigation; Court Also Grants ABMC's Motions to Compel and Sanction Requests.Business/Health Editors KINDERHOOK, N.Y.--(BUSINESS WIRE)--Feb. 20, 2001 American Bio Medica medica (māˑ·dē·k Corporation (NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on : ABMC ABMC American Battle Monuments Commission ABMC Alexian Brothers Medical Center (Illinois) ABMC Aviation Battle Management Concept ABMC Arrowbear Music Camp (California) ) today announced that it has filed for a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. in the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. in the Southern District of California. In the injunction motion, ABMC is asking the court to temporarily prohibit distribution of Phamatech's Quickscreen and identical products bearing different names, all of those products are onsite tests for drugs of abuse, which ABMC alleges infringes on its design patent granted to ABMC for its Rapid Drug Screen(TM) onsite test for drugs of abuse. A court hearing related to the injunction is scheduled for March 5, 2001. The Company also reported that the court has granted ABMC's motion to compel A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the Phamatech to produce documents and respond to interrogatories Written questions submitted to a party from his or her adversary to ascertain answers that are prepared in writing and signed under oath and that have relevance to the issues in a lawsuit. . The court also ordered that Phamatech was uncooperative in key depositions held and ordered that ABMC be allowed to take the depositions again at Phamatech's expense. Related to this decision was the court's order to impose sanctions on Phamatech. A hearing has been set for February 22, 2001 to decide the sum of any money owed to ABMC from Phamatech as a result of the sanctions. "As time has gone by, Phamatech has continued to sell their knock-off products in our markets and has affected our sales growth," stated ABMC President Stan Cipkowski. "The recent decisions of the court regarding Phamatech's conduct in this lawsuit, along with our confidence in our claims, lead us to believe the injunction we are seeking is appropriate interim relief and we anticipate that the knock-offs will be removed from the market until such time the case has been decided. We are confident that in the end, the court will order the knock-offs to be removed from the market permanently." American Bio Medica Corporation develops, manufactures and markets inexpensive, accurate on-site drugs-of-abuse diagnostic kits, sprays and support services support services Psychology Non-health care-related ancillary services–eg, transportation, financial aid, support groups, homemaker services, respite services, and other services worldwide. The company's global distributors target the workplace, physicians, corrections, clinical and educational markets. ABMC's Drug Detector(TM) identifies minute traces of illegal drugs on surfaces, while the company's Rapid Drug Screen tests individuals and is proven to correlate greater than 99% with the standard laboratory screening test. Forward-looking statements in this release are made pursuant to 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. Investors are cautioned that such forward-looking statements involve risk and uncertainties, including without limitation, continued acceptance of the Company's products, increased levels of competition for the Company, new products and technological changes, the Company's dependence on third-party suppliers, intellectual property rights and other risks detailed from time to time in the Company's periodic reports filed with the Securities and Exchange Commission. |
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