Largest Newborn Stem Cell Bank Announces Victory in Delaware Patent Case
SAN BRUNO, Calif., Sept. 20 /PRNewswire/ -- Cord Blood Registry(TM)-CBR,
the nation's leading newborn stem cell bank, announced today that it has won a
decisive legal victory against PharmaStem Therapeutics, Inc.'s attempts to
assert claims for alleged patent infringement relating to the cryopreservation
of newborn "cord blood" stem cells.
In Delaware on September 15, 2004, U.S. District Court Judge Gregory Sleet
issued an Order and Judgment, overturning the jury verdict against CBR that
was entered in October 2003. The Court found that "there is simply no
evidence in the record to support the jury's affirmative answer" that CBR
infringed on a patent claimed by PharmaStem regarding preservation and storage
of umbilical cord blood, and entered a judgment against PharmaStem and in
favor of CBR.
Additionally, the Court overturned the jury's finding that CBR infringed
another patent asserted against it by PharmaStem, and ordered a new trial,
holding that the jury's finding "was against the great weight of the
evidence."
"We have always held to the belief that the jury verdict was wrong," says
Tom Moore, CEO and founder of CBR. "We appreciate Judge Sleet's careful
consideration of the evidence in this trial."
The judge also denied a number of PharmaStem's motions, including an
injunction and monetary damages.
Importantly, the judgment outlined that patent infringement cannot be
claimed against physicians because they are not involved in "selling or
offering to sell the cord blood units." PharmaStem currently has a number of
lawsuits filed against obstetricians and hospitals for patent infringement.
"This decision validates our longstanding position that under no
circumstances, can obstetricians, midwives or hospitals be held liable for
patent infringement in regards to cord blood collection for patient families,"
says Moore.
Derived from the blood remaining in the umbilical cord following birth,
newborn stem cells are proven effective in treating a variety of cancers and
blood disorders, and have demonstrated ability to regenerate other tissue in
the human body. There is a fast growing market for expectant families wishing
to preserve these cells for their families' future benefit. CBR is the
industry's largest bank, with approximately 250,000 cryopreserved units at its
Tucson facility.
The patents in question, U.S. Patent No. 5,192,553 and 5,004,681, which
involve the cryopreservation of newborn stem cells for use in transplant
medicine, were found to be invalid both in Europe and Asia as far back as
1999, but were issued in the U.S. Both patents are currently under
re-examination by the Patent and Trademark Office.
About CBR
Cbr Systems, Inc. "Cord Blood Registry," is the industry leader in newborn
stem cell cryopreservation for familial use in transplantation therapy and
regenerative medicine. Once cryopreserved, the stem cells may be used in
treatments for the newborn, siblings and any compatible genetic family member,
with no (or significantly decreased) rejection, which minimizes the need for
immune suppression in the recipient. To date, CBR has provided stem cells for
34 client treatments, which is more than all other family cord blood banks
combined. The remarkable cells may also be expanded (using new technology) to
very high numbers in culture creating the potential for multiple uses from a
single cord blood unit. CBR's current focus includes the processing of
newborn stem cells to; improve outcomes in patients being treated for cancers
such as leukemia; promote cardiac repair resulting from heart attack or
congestive heart failure, and provide treatment for autoimmune diseases such
as multiple sclerosis and rheumatoid arthritis. CBR operates a web site
http://www.cordblood.com, or may be contacted at 888-CORD-BLOOD (888-267-3256).
Contact: Stephen Grant, VP, Corporate Communications, of Cbr Systems,
Inc., +1-650-635-4235, or cell, +1-650-678-4999, or sgrant@cordblood.com.
SOURCE Cbr Systems, Inc.
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Related links:
http://www.cordblood.com
CONTACT:
Stephen Grant, VP, Corporate Communications,
of Cbr Systems, Inc., +1-650-635-4235, or cell, +1-650-678-4999,
or sgrant@cordblood.com
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