Cellectis SA Clarifies Competitor's Comments on Preliminary U.S. Patent Office Action.ROMAINVILLE, France -- Parc Biocitech, Romainville, June 10, 2009 -- On March 13, 2008, the genome genome: see genetics. genome all the genetic content contained within an organism. An organism's genome is made up of molecules of deoxyribonucleic acid (DNA) that form long strands that are tightly wound into chromosomes, which are found in the engineering company Cellectis SA (Alternext: ALCLS) initiated a patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. lawsuit in the U.S. District Court in North Carolina North Carolina, state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N). Facts and Figures Area, 52,586 sq mi (136,198 sq km). Pop. against Precision Biosciences Inc., for infringing two of its patents directed to the use of molecules known as megaucleases in recombinant recombinant /re·com·bi·nant/ (re-kom´bi-nant) 1. the new entity (e.g., gene, protein, cell, individual) that results from genetic recombination. 2. pertaining or relating to such an entity. See also under DNA. biotechnology. These two patents-in-suit, U.S. Patent Nos. 7,309,605 and 6,610,545, are exclusively licensed from Institut Pasteur, a world-renowned, not-for-profit research institution, and are part of a portfolio of patents and applications in the endonuclease endonuclease /en·do·nu·cle·ase/ (-noo´kle-as) any nuclease specifically catalyzing the hydrolysis of interior bonds of ribonucleotide or deoxyribonucleotide chains. field that Cellectis owns or to which it has exclusive rights. Currently, Cellectis holds a portfolio of 42 granted patents, with more than 130 applications for additional patents pending. Well after Cellectis filed its suit, Precision asked the U.S. Patent Office to reexamine re·ex·am·ine also re-ex·am·ine tr.v. re·ex·am·ined, re·ex·am·in·ing, re·ex·am·ines 1. To examine again or anew; review. 2. Law To question (a witness) again after cross-examination. two related, but separate, patents also licensed exclusively to Cellectis by Institut Pasteur, U.S. Patent Nos. 7,214,536 and 6,833,252. The Patent Office recently agreed to reexamine these two related patents. "This is a normal and common administrative procedure. The process is likely to be long, involving multiple legal steps. A final decision ultimately will be given by the U.S. Patent Office and any conclusions drawn before this decision are premature," said Dr. Andre Choulika, 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 Cellectis. The Cellectis patents to be reexamined by the U.S. Patent Office are not the two patents-in-suit that Cellectis has accused Precision of infringing in the U.S. District Court. And, in fact, Precision has not sought to reexamine the patents it has been accused of infringing. Nevertheless, Precision issued a press release to the industry yesterday that Cellectis believes is misleading, in that it not only overstates the Patent Office's decision to reexamine the related patents, a routine matter and one to which the patent owner has not yet responded, but conflates the Patent Office proceeding with the U.S. District court infringement action. The U.S. District Court and the Patent Office proceedings involve separate patents, yet Precision's press release misleadingly suggests that the Patent Office has determined that Precision 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. the separate patents-in-suit in the U.S. District Court. "We are disappointed that Precision is trying to litigate its case in the press, rather than in the Court. We are confident in the value of Cellectis' extensive patent portfolio, and we will continue to vigorously assert our patent rights in our infringement case against Precision in the U.S. District Court," said Dr. Choulika. About Cellectis Cellectis S.A. (www.cellectis.com) is a world leader in genome engineering and genome surgery. For more information on Cellectis, visit our web site: www.cellectis.com Disclaimer This press release contains 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. that relate to the Company's objectives. Such forward-looking statements are based on the current expectations and assumptions of the Company's management only and involve risk and uncertainties. Potential risks and uncertainties include, without limitation, whether the Company will be successful in implementing its strategies, whether there will be continued growth in the relevant market and demand for the Company's products, new products or technological developments introduced by competitors, and risks associated with managing growth. Unfavorable developments in connection with these and other risks and uncertainties described, in particular, in the Company's prospectus prepared in connection with its IPO (Initial Public Offering) The first time a company offers shares of stock to the public. While not a computer term per se, many founders, employees and insiders of computer companies have found this acronym more exciting than any tech term they ever heard. and on which the French Autorite des marches financiers ("AMF AMF ACE (Allied Command, Europe) Mobile Force AMF Autorité des Marchés Financiers (French) AMF Action Message Format AMF Arab Monetary Fund AMF Asian Monetary Fund AMF Autocrine Motility Factor ") granted its visa nx 07-023 on January 22, 2007, could cause the Company to fail to achieve the objectives expressed by the forward-looking statements above. |
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