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PERSEPTIVE BIOSYSTEMS SUES PHARMACIA AND SEPRACOR FOR PATENT INFRINGEMENT

 CAMBRIDGE, Mass., Oct. 14 /PRNewswire/ -- PerSeptive Biosystems, Inc. (NASDAQ-NMS: PBIO) announced today that it has filed suit against co-defendants Pharmacia Biotech, Inc. (a subsidiary of Procordia AB) and Sepracor Inc. (NASDAQ: SEPR) for willful infringement of PerSeptive's U.S. patents covering the process of Perfusion Chromatography(R) and the manufacture and sale of chromatography particles that permit high speed, high performance chromatography. This lawsuit, filed in the U.S. District Court for the District of Massachusetts, seeks to prevent Pharmacia and Sepracor from manufacturing, using, importing or selling infringing media in the U.S. and asks for punitive damages.
 Noubar B. Afeyan, president and CEO of PerSeptive and an inventor of perfusion technology, commented: "In two short years, PerSeptive has established a large and rapidly growing market for its Perfusion Chromatography media. Whenever a fundamental scientific advance begins to have commercial significance, it is inevitable that others will attempt to compete. We are suing these two infringers, Pharmacia and Sepracor, to protect the exclusivity in this market granted by our patents. It is our policy to pursue injunctions vigorously against competitors, large or small, to prevent them from infringing our patent rights."
 PerSeptive further announced that Pharmacia has also filed a lawsuit in the U.S. District Court for the District of New Jersey seeking a declaratory judgment that Pharmacia is not infringing PerSeptive's patents and that PerSeptive's patents are invalid and unenforceable.
 Dr. Afeyan commented: "Such claims are typical from would-be competitors who are locked out of valuable markets by strong patents. We believe their claims are baseless."
 PerSeptive Biosystems designs, manufactures and markets proprietary products and systems for the purification and analysis of biomolecules. These bioseparations products significantly reduce the time and cost required for the development and manufacture of biopharmaceuticals. The company's current and planned products for the purifaction and analysis of biomolecules are based on three interrelated core technologies: Perfusion Chromatography for high resolution separations of biomolecules ten to one thousand times faster than conventional chromatography; ImmunoDetection(TM) for real-time immunoassays in a flow-through cartridge format; and Rational Surface Design(TM), synthetic surfaces that bind biomolecules with the high specificity of antibodies.
 BACKROUNDER
 Introduction
 PreSeptive Biosystems' patented core technology, Perfusion Chromatography, represents the first fundamental advance in the field of chromatography in two decades. Unlike other forms of chromatography, separations using Perfusion Chromatography typically are 10-1,000 times faster than conventional liquid chromotography separations.
 In practicle terms, Perfusion Chromatography with PerSeptive's patented POROS(R) media means dramatically reduced separation times, and increased throughput, productivity and recovery of biomolecules at the analytical, laboratory and process scales. Since liquid chromatography is the dominant tool for the purification of biomolecules, these benefits translate into more cost-effective and time-efficient biopharmaceutical production processes. As a result of these advances, PerSeptive has made rapid progress over the last two years in gaining share in the growing market for purification and analysis of biopharmaceuticals.
 Traditional chromatography uses porous particles packed in columns. As liquid flows through the column and around the beads biomolecules diffuse into the pores of these particles. Prior to PerSeptive's inventions, the accepted scientific literature held that high capacity and high resolution could be achieved only at very low speeds. PerSeptive's POROSmedia incorporates two types of pores that allow the sample to flow both around and through the particles at high speed. The two classes of pores are: throughpores, large pores that permit molecules to pass through quickly; and smaller diffusive pores that line the throughpores. The combination of these two classes of pores, in effect, increases the surface area of the media particles. The extremely short diffusion paths allow chromatographic separations in seconds to minutes.
 The PerSeptive Patents
 In 1991, the U.S. Patent and Trademark Office issued to PerSeptive Biosystems U.S. Patent No. 5,019,270 covering the basic process of Perfusion Chromatography. This process patent covers any process that permits flow though particles at a rate greater than the rate at which molecules diffuse into the pore space of particles. The issue of the patent represented confirmation of PerSeptive's fundamental invention: a chromatographic process that operated a high flow rates and still produces high resolution and high binding capacity to the particle. The invention thus represented a reversal of previously accepted scientific literature.
 On July 20, 1993, the U.S. Patent and Trademark Office is issued Patent No. 5,228,989 to PerSeptive covering permeable structures that allow Perfusion Chromatography to occur. This composition of matter patent, therefore, covers the manufacture and sales of chromatography particles that permit high speed, high performance chromatography.
 Scientific Background
 During the past four years, scientists at PerSeptive as well as several well known academic institutions have published research findings on Perfusion Chromatography. Based on these findings, PerSeptive believes that the only technically feasible means to obtain high capacity and high resolution at high speeds is to use PerSeptive's patented flow-through particle technology. Taken together, the process and the composition of matter patents give PerSeptive an exclusive position in the field of high speed chromatography.
 The strength of PerSeptive's patent position derives from the application of the laws of mass transport to chromatography. There are only two physical mechanisms that allow for the transport of molecules in solution. One is random molecular motion, or diffusion. The other is flow, or convection (i.e., perfusion). PerSeptive's patents cover the only physical mechanism that is an alternative to diffusion.
 For more than four decades separation scientists have identified limitations on mass transport as the most important variable controlling resolution in liquid chromatography. Nobel Laureates Martin and Synge identified in their pioneering 1941 work on column chromatography of amino acids that the diffusion of molecules into and out of pores of a packing material would be a major cause of bandspreading and therefore, loss of resolution. They concluded that this phenomenon would be most serious in the case of macromolecules such as proteins. Their predictions have held true unit the invention of Perfusion Chromatography and have been confirmed by all scientific literature that existed prior to the invention of Perfusion Chromatography.
 PerSeptive Biosystems designs, manufactures and markets proprietary products and systems for the purification and analysis of biomolecules. These bioseparations products significantly reduce the time and cost required for the development and manufacture of biopharmaceuticals. The company's current and planned products for the purification and analysis of biomolecules are based on three interrelated core technologies: Perfusion Chromatography for high resolution separations of biomolecules ten to one thousand times faster than conventional chromatography; ImmunoDetection(TM) for real-time immunoassays in a flow- through cartridge format; and Rational Surface Design, synthetic surfaces that bind biomolecules with the high specificity of antibodies.
 -0- 10/14/93
 /CONTACT: Noubar B. Afeyan, Ph.D., president and CEO; or Robert A. Fein, senior VP-finance, of PerSeptive Biosystems 617-621-1787/
 (PBIO SEPR)


CO: PerSeptive Biosystems, Inc.; Pharmacia Biotech, Inc.; Sepracor
 Inc.; Procordia AB ST: Massachusetts IN: MTC SU:


CM-JL -- NE007 -- 2101 10/14/93 10:14 EDT
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