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CepTor Moves to Dismiss Xmark Lawsuit.


HUNT VALLEY, Md. -- CepTor Corporation, Inc. (OTCBB OTCBB

See OTC Bulletin Board (OTCBB).
:CEPO CEPO County Emergency Planning Officer (UK)
CEPO Community & Environment Project Office (Edmonton Green, North London) 
), a development-stage biopharmaceutical company focusing on cell targeted therapeutic products for neuromuscular neuromuscular /neu·ro·mus·cu·lar/ (-mus´ku-ler) pertaining to nerves and muscles, or to the relationship between them.

neu·ro·mus·cu·lar
adj.
1.
 and neurodegenerative diseases neurodegenerative diseases

diseases characterized by neurodegeneration. Lesions are microscopic only but in chronic disease with massive involvement there may be grossly visible atrophy of affected nervous tissue.
, announced today that it filed a motion to dismiss the complaint filed by Xmark Opportunity Fund, L.P. and Xmark Opportunity Fund, Ltd. The motion contends that each and every claim asserted by Xmark, a disgruntled dis·grun·tle  
tr.v. dis·grun·tled, dis·grun·tling, dis·grun·tles
To make discontented.



[dis- + gruntle, to grumble (from Middle English gruntelen; see
 investor in CepTor, fails to state a claim as a matter of law.

In early July, CepTor was approached by Xmark with a demand, under a threat of 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.
, that the Company purchase all of its shares at a premium to the market and reset its warrants. After rejecting Xmark's threats of suit as baseless and rejecting its related demands, Xmark filed suit. Xmark complained that the registration of its shares took too long so it did not have an opportunity to sell its stock, yet, to date, Xmark has not even attempted to convert its Series A Preferred Stock Stock shares that have preferential rights to dividends or to amounts distributable on liquidation, or to both, ahead of common shareholders.

Preferred stock is given preference over common stock. Holders of preferred stock receive dividends at a fixed annual rate.
 into sellable common stock.

William Pursley, Chief Executive Officer of CepTor said, "We believe Xmark's actions speak for themselves and that their lawsuit is wholly without merit, as reflected by our decision to immediately move for dismissal. Unfortunately, it is detrimental to Company shareholders as it diverts attention from the important research we are completing in preparation for the filing of our Investigational New Drug application (IND) for Myodur in Duchenne muscular dystrophy Duchenne muscular dystrophy (DMD)
The most severe form of muscular dystrophy, DMD usually affects young boys and causes progressive muscle weakness, usually beginning in the legs.
."

About CepTor

CepTor Corporation is a development-stage biopharmaceutical company engaged in the discovery, development, and commercialization of proprietary, cell-targeted therapeutic products for the treatment of neuromuscular and neurodegenerative diseases with a focus on orphan diseases. The Company's mission is to increase the quality and quantity of life of people suffering with these diseases. An orphan disease is defined in the United States as a serious or life-threatening disease that affects less than 200,000 people and for which no definitive therapy currently exists. CepTor Corporation seeks to create an efficient orphan drug orphan drug, drug developed under the U.S. Orphan Drug Act (1983) to treat a disease that affects fewer than 200,000 people in the United States. The orphan drug law offers tax breaks and a seven-year monopoly on drug sales to induce companies to undertake the  platform by taking advantage of the legislative, regulatory and commercial opportunities common to these rare diseases. CepTor's primary efforts are currently being focused on moving its lead product, MYODUR, into phase I/II clinical trials for Duchenne muscular dystrophy. The Company's broad platform technology also includes the development of products for multiple sclerosis, retinal degeneration and epilepsy.

This news release contains forward-looking statements. Such statements are valid only as of today, and we disclaim any obligation to update this information. These statements are subject to known and unknown risks and uncertainties that may cause actual future experience and results to differ materially from the statements made. These statements are based on our current beliefs and expectations as to such future outcomes. Drug discovery and development involve a high degree of risk. Factors that might cause such a material difference include, among others, uncertainties related to the ability to attract and retain partners for our technologies, the identification of lead compounds, the successful preclinical development thereof, the completion of clinical trials, the FDA FDA
abbr.
Food and Drug Administration


FDA,
n.pr See Food and Drug Administration.

FDA,
n.pr the abbreviation for the Food and Drug Administration.
 review process and other government regulation, our pharmaceutical collaborator's ability to successfully develop and commercialize drug candidates, competition from other pharmaceutical companies, product pricing and third party reimbursement.
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Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Aug 25, 2005
Words:524
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