Aquasearch and Cyanotech Settle Intellectual Property Litigation.Business Editors and Medical/Health Writers KAILUA-KONA, Hawaii--(BW HealthWire)--March 6, 2001 Cyanotech Corporation (Nasdaq NMS See NetWare Management System. : CYAN) and Aquasearch, Inc. (OTCBB OTCBB See OTC Bulletin Board (OTCBB). : AQSE.OB) today announced that they settled the intellectual property 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. between the two companies without admission of liability by either party. Terms of the agreement will remain confidential. Under the agreement, Cyanotech has agreed to an injunction injunction, in law, order of a court directing a party to perform a certain act or to refrain from an act or acts. The injunction, which developed as the main remedy in equity, is used especially where money damages would not satisfy a plaintiff's claim, or to that prevents it from using any tube system for microalgal production that infringes Aquasearch's U.S. Patent No. 5,541,056. Aquasearch has agreed that Cyanotech's current proprietary process for producing microalgae microalgae unicellular aquatic plants (phytoplankton), the starting point of the aquatic food chain. Include toxic microalgae which are important causes of marine fish mortalities, especially Alexandrium, Chaltonella, Heterosigma spp. , known as the PhytoDome, does not infringe in·fringe v. in·fringed, in·fring·ing, in·fring·es v.tr. 1. To transgress or exceed the limits of; violate: infringe a contract; infringe a patent. 2. its U.S. Patent No. 5,541,056. Cyanotech will also pay undisclosed royalties to Aquasearch. Cyanotech believes that such payments will not have a material effect on Cyanotech's financial condition or results of operations. Both Cyanotech and Aquasearch have agreed to dismiss all claims with prejudice that the parties asserted in the litigation. The Court will enter an Order to that effect and that Aquasearch's U.S. Patent No. 5,541,056 is valid and enforceable. Aquasearch's "Safe-Harbor" Statement This press release contains forward-looking for·ward-look·ing adj. Concerned with or making provision for the future: forward-looking educators; a forward-looking corporate plan. Adj. 1. information within the meaning of Section 21E of the Securities Exchange Act of 1934, including statements regarding the potential efficacy of astaxanthin in any setting as well as statements that include the words "believes," "expects," "anticipates," "intends," or similar expressions. Such forward-looking statements forward-looking statement A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections. involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of Aquasearch to differ materially from those implied or expressed by such forward-looking statements. Such factors include, among others, the risk factors included in Aquasearch's Annual Report on Form 10-KSB for the fiscal year ended October 31, 1999 and any subsequent reports filed with the Securities and Exchange Commission under the Exchange Act. This press release speaks as of the date first set forth above and Aquasearch assumes no responsibility to update the information included herein for events occurring after the date hereof here·of adv. Of this. hereof Adverb Formal or law of or concerning this Adv. 1. hereof - of or concerning this; "the twigs hereof are physic" . Cyanotech's "Safe-Harbor" Statement Except for statements of historical fact, the statements in this press release are forward-looking. Such statements are subject to a number of risks and uncertainties that could cause actual results to differ materially from the statements made. These factors include, but are not limited to, general economic conditions, changes in sales levels to our largest customers, weather patterns, risks associated with the acceptance of new products, competition, and other factors more fully detailed in the company's recent quarterly 10-Q and annual 10-K filings with the Securities and Exchange Commission. |
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