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Cohen, Milstein, Hausfeld & Toll, P.L.L.C. Announces Corrected Class Period for Lawsuit on Behalf of Investors in Biopure Corporation.


Business Editors & Legal Writers

WASHINGTON--(BUSINESS WIRE)--Jan. 12, 2004

The law firm of Cohen cohen
 or kohen

(Hebrew: “priest”) Jewish priest descended from Zadok (a descendant of Aaron), priest at the First Temple of Jerusalem. The biblical priesthood was hereditary and male.
, Milstein, Hausfeld & Toll, P.L.L.C. has filed a class action lawsuit class action lawsuit

A lawsuit in which one party or a limited number of parties sue on behalf of a larger group to which the parties belong. For example, investors may bring a class action lawsuit against a brokerage firm that has actively promoted a tax
 in the United States District Court for the District of Massachusetts The United States District Court for the District of Massachusetts is the Federal district court whose jurisdiction is the Commonwealth of Massachusetts. The first court session was held in Boston in 1789.  on behalf of all persons who acquired securities of Biopure Corporation (NasdaqNM:BPUR BPUR Biopure Corporation (stock symbol) ) ("Biopure"or the "Company"), between March 5, 2003 and December 24, 2003 (the "Class Period"), inclusive. Cohen Milstein's prior press release of January 8, 2004, identified a class period beginning March 17, 2003.

The complaint names as defendants Biopure, Thomas A. Moore, Carl W. Rausch, and Ronald F. Richards, alleging that they violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated prom·ul·gate  
tr.v. prom·ul·gat·ed, prom·ul·gat·ing, prom·ul·gates
1. To make known (a decree, for example) by public declaration; announce officially. See Synonyms at announce.

2.
 thereunder. The complaint alleges that defendants issued a number of positive statements regarding the progress of Biopure's application for regulatory approval to market Hemopure in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. , which was submitted to the U.S. Food and Drug Administration ("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.
"). Hemopure is a drug for patients undergoing orthopedic surgery Orthopedic Surgery Definition

Orthopedic (sometimes spelled orthopaedic) surgery is surgery performed by a medical specialist, such as an orthopedist or orthopedic surgeon, trained to deal with problems that develop in the bones, joints, and ligaments
. In fact, by the beginning of the Class Period, the FDA had informed defendants of flaws in the Hemopure application, making FDA approval highly unlikely, including "safety concerns" arising from adverse clinical data submitted as part of the Company's application. Yet, before defendants disclosed these adverse facts, they conducted at least two offerings of Biopure common stock and generated millions of dollars in proceeds. Additionally, certain high-level Biopure insiders sold hundreds of thousands of Biopure common shares at artificially inflated prices.

On December 24, 2003, after the SEC threatened civil 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.
, defendants surprised the market when they announced the truth, that, in fact, the FDA had halted further clinical trials of Hemopure due to safety concerns. Defendants also announced that Hemopure's commercial release in the United States would be delayed beyond mid-2004. The market promptly reacted to this announcement. Biopure common shares lost over 16% of their value on December 26, 2003, to close at $2.43 per share. This was a decline of more than 239% from the stock's Class Period high of $8.25 per share, reached on or about August 21, 2003.

If you purchased Biopure publicly traded securities between March 5, 2003 and December 24, 2003, you may, no later than March 1, 2004, move the court to be appointed as Lead Plaintiff. There are certain legal requirements to serve as Lead Plaintiff.

Any member of the purported class may move the court to serve as Lead Plaintiff through counsel of their choice or may choose to remain an absent class member. Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as Lead Plaintiff. To be a member of the class, you need not take any action at this time.

Cohen, Milstein, Hausfeld & Toll, P.L.L.C. has significant experience in prosecuting investor class actions and actions involving securities fraud. The firm has offices in Washington, D.C., Seattle, New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 and Chicago, and is active in major litigation pending in federal and state courts throughout the nation. You may visit the firm's website at

The firm's reputation for excellence has been recognized on repeated occasions by courts which have appointed the firm to lead positions in complex multi-district or consolidated litigation. Cohen, Milstein, Hausfeld & Toll, P.L.L.C. has taken a lead role in numerous important cases on behalf of defrauded investors, and has been responsible for a number of outstanding recoveries which, in the aggregate, total in the billions of dollars.

If you have any questions about this notice or the action, or with regard to your rights, please contact either of the following:

Steven J. Toll, Esq.

Robert Smits

Cohen, Milstein, Hausfeld & Toll, P.L.L.C.

1100 New York Avenue The following roads are named New York Avenue:
  • New York Avenue (Washington, D.C.)
  • New York Ave-Florida Ave-Gallaudet U (Washington Metro)
  • New York Avenue (Brooklyn)
  • New York Avenue in Queens, now Guy R.
, N.W.

West Tower - Suite 500

Washington, D.C. 20005

Telephone: (888) 240-0775 or (202) 408-4600

E-mail:stoll@cmht.com or rsmits@cmht.com
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Publication:Business Wire
Geographic Code:1USA
Date:Jan 12, 2004
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