StemCells, Inc. Agrees to Stay Litigation against Neuralstem Pending Reexamination of Patents Involved in Lawsuit
June 28 2007 - 7:30AM
Business Wire
StemCells, Inc. (NASDAQ: STEM) today announced it has consented to
a stay, on mutually acceptable terms, of its patent infringement
lawsuit against Neuralstem, Inc., pending reexamination by the U.S.
Patent and Trademark Office (PTO) of the four patents that are the
subject of the litigation. In its lawsuit, StemCells alleges
Neuralstem�s contemplated stem cell products and drug screening and
discovery services infringe the four patents. StemCells stated that
Neuralstem�s petition to the PTO to reexamine these patents was
expected given the scope of the issued claims in these patents,
which cover Neuralstem�s current business, including the human
spinal stem cells it uses. StemCells noted that petitioning for
patent reexamination and a stay is a procedural tactic often used
by defendants to delay a trial. StemCells further noted that the
PTO regularly grants such reexamination requests and often
preliminarily rejects the reexamined patents, but then subsequently
upholds patent claims in later stages of the review and appeals
process. Regardless of the outcome of the reexamination of these
four patents, StemCells believes there will be no material effect
on its patent portfolio. StemCells owns or has exclusive licenses
to 53 issued or allowed U.S. patents and more than 150 granted or
allowed patents worldwide. StemCells' patent portfolio includes
claims covering cultures containing either human or other mammalian
neurospheres or neural stem cells, derived from any tissue source,
whether cultured in suspension or adherent conditions. �We have
examined the prior art relied upon by Neuralstem in its petitions
and cited by the PTO. We are confident that all of these patents
will emerge from this process substantively unchanged,� said Martin
McGlynn, president and chief executive officer of StemCells. �We
firmly believe that in time Neuralstem will be found by the courts
to be infringing our patents.� About StemCells, Inc. StemCells,
Inc. is a clinical-stage biotechnology company focused on the
discovery, development and commercialization of cell-based
therapeutics to treat diseases of the nervous system, liver and
pancreas. The Company�s programs seek to repair or repopulate
neural, liver or other tissue that has been damaged or lost as a
result of disease or injury. StemCells has pioneered the discovery
and development of HuCNS-SC� cells, its highly purified population
of human neural stem cells. These cells are expandable into cell
banks for therapeutic use, which offers the potential of using
normal, non-genetically modified cells as cell-based therapies.
StemCells owns or has exclusive rights to more than 53 issued or
allowed U.S. patents and more than 150 granted or allowed non-U.S.
patents. StemCells currently has five corporate licensees to
certain patents in its portfolio. Further information about the
Company is available on its Web site at www.stemcellsinc.com. Apart
from statements of historical facts, the text of this press release
constitutes forward-looking statements regarding, among other
things, the Company's belief regarding the strength of its patent
portfolio generally and of the four patents at issue in the
Neuralstem litigation in particular and the likely outcome of the
PTO review and the Neuralstem litigation. These forward-looking
statements speak only as of the date of this news release.
StemCells does not undertake to update any of these forward-looking
statements to reflect events or circumstances that occur after the
date hereof. Such statements reflect management�s current views and
are based on certain assumptions that may or may not ultimately
prove valid. The Company's patents could be held to be invalid on
the basis of prior art or for other reasons. If any claims in the
Company's patents are held to be improper, invalid or otherwise
unenforceable, the Company could be prevented from enforcing its
patents against Neuralstem or others the Company believes may be
infringing its patents. Even if the Company's claims are held to be
valid, Neuralstem or others might not be found to have infringed
these claims. Actual results may vary materially from those
contemplated in the forward-looking statements due to these risks
and uncertainties and to other risks to which the Company is
subject, including factors that are described under the heading
�Risk Factors� in Item 1A of the Company�s Annual Report on Form
10-K.
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