CELLPRO VICTORIOUS IN PATENT LITIGATION.SEATTLE--(BUSINESS WIRE)--Aug. 4, 1995--CellPro Inc. (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 : CPRO CPRO Columbia Pike Revitalization Organization CPRO Connecticut Peer Review Organization, Inc. ) announced today a verdict in its favor has been reached in the patent action titled "The Johns Hopkins University Johns Hopkins University, mainly at Baltimore, Md. Johns Hopkins in 1867 had a group of his associates incorporated as the trustees of a university and a hospital, endowing each with $3.5 million. Daniel C. , Baxter Healthcare Corporation and Becton Dickinson and Company, Plaintiffs v. CellPro, Incorporated," filed in U.S. District Court of Delaware in March 1994. The jury found that patents in issue exclusively licensed to Becton Dickinson and Company ("B-D B-D Becton, Dickinson & Co. ") by Johns Hopkins University ("Johns Hopkins") and sublicensed by B-D to Baxter Healthcare Corporation ("Baxter") for certain applications were not infringed by CellPro's manufacture, use and sale of its CEPRATE(R) SC Stem Cell stem cell In living organisms, an undifferentiated cell that can produce other cells that eventually make up specialized tissues and organs. There are two major types of stem cells, embryonic and adult. Concentration System and its CEPRATE(R) LC Laboratory Cell Separation System. Richard D. Murdock, president and chief executive officer of CellPro stated, "We are very pleased with the outcome of the trial. We believed from the start that the patents were invalid and not infringed by our technology. We are happy to have this action behind us so we can get back to the business of building our company. As presently advised, we will now vigorously pursue our antitrust and unfair competition claims, which had been deferred pending completion of the trial on patent validity and infringement." The jury found that none of the claims asserted against the CellPro products were either valid or infringed. No other claims, according to CellPro, relate to any present or planned products of the company. CellPro originally filed suit in the U.S. District Court for the District of Western Washington in April 1992 against Baxter and B-D claiming the invalidity of patents 4,714,680, 5,035,994 and 4,965,204, which cover the use of a CD34 antibody for the purpose of identifying and selecting stem cells stem cells, unspecialized human or animal cells that can produce mature specialized body cells and at the same time replicate themselves. Embryonic stem cells are derived from a blastocyst (the blastula typical of placental mammals; see embryo), which is very young for use in stem cell transplantation Stem Cell Transplantation Definition Stem cells are basic human cells that reproduce (replicate) easily, providing a continuous source of new, sometimes different types of cells. of patients. The original complaint also alleged violations of antitrust laws antitrust laws n. acts adopted by Congress to outlaw or restrict business practices considered to be monopolistic or which restrain interstate commerce. The Sherman Antitrust Act of 1890 declared illegal "every contract, combination.... and laws prohibiting unfair competition. In September 1993, the action for a declaratory judgment was dismissed on the grounds that Johns Hopkins was an indispensable party not before the Court and beyond its jurisdiction and that CellPro's challenge of the patents should be continued elsewhere. In March 1994, the plaintiffs filed suit against CellPro for infringement of the 4,965,204 patent in the U.S. District Court for the District of Delaware. In April 1994, the Western Washington District Court granted a petition by the plaintiffs to transfer the venue of all claims relating to the case, including the antitrust and unfair competition claims to the Delaware District Court. Located in Bothell, Wash., CellPro Inc. is a biotechnology company specializing in the development, manufacturing and marketing of proprietary continuous-flow, cell-selection systems for use in a variety of therapeutic, diagnostic and research applications. NOTICE TO FRIENDS STOCKHOLDERS AND ANALYSTS: There will be a conference call on this subject at 8:30 EDT EDT abbr. Eastern Daylight Time EDT Eastern Daylight Time EDT n abbr (US) (= Eastern Daylight Time) → hora de verano de Nueva York EDT , (New York time) on Monday, Aug. 7, 1995. Please dial 1-800-823-7384 and give the operator the access code 85768 to participate. Interested persons unable to participate at this time may listen to an "instant replay" through, Tuesday Aug. 8, 1995, by calling 1-800-577-6980 and using the access code 00893. CONTACT: CellPro Inc., Bothell Lee M. Parker, 206/485-7644 |
|
||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion