Against Biotec Pharmacon ASA
EAGAN, MN – September 14, 2006 – A U.S. Federal District Court
recently
granted Biothera's petition to expand its patent infringement
lawsuit
against Biotec Pharmacon ASA to include seven additional patents.
Biothera
asserts Biotec's primary compound in pharmaceutical development
infringes
these patents.
The court also allowed the Massachusetts Institute of Technology
(MIT) to
join the lawsuit as a co-plaintiff in its role as patent-owner of
certain
patents that are part of the litigation and that are exclusively
licensed to
Biothera.
Biothera's lawsuit
originally asserted that the Norwegian company was
violating seven patents protecting its particulate beta glucan
compounds
used in nutritional supplements, functional foods and animal
nutrition.
Analysis of Biotec's Soluble Beta Glucan (SBG) during the discovery
period
prompted Biothera to petition the court to amend the lawsuit.
"The court's ruling is significant," said Richard G. Mueller,
Biothera
president and chief executive officer, "because it provides Biothera
with
the opportunity to protect both our pharmaceutical and healthcare
businesses
from patent-infringing products and compounds."
Biothera has more than 40 U.S. patents and patents pending, as well
as
additional patents in more than 20 countries, protecting the matter
of
composition, manufacturing and use of beta glucan derived from yeast
(Saccharomyces cerevisiae).
Biothera has successfully defended its patents against infringement
in four
previous lawsuits.
About Biothera, the Immune Health Company
Biothera is a biotechnology company dedicated to improving immune
health.
The company's primary focus is developing pharmaceuticals that
engage the
immune system to fight cancer. In addition, compounds are also in
development to facilitate immune system recovery after damage from
chemotherapy or acute radiation exposure. Biothera also manufactures
and
markets food-grade ingredients that support healthy immune function
to the
nutritional supplement, functional food, cosmetic and animal
nutrition
markets.
Contact:
David Walsh
VP, Communications
Biothera, the Immune Health Company
651-256-4606
dwalsh@biotherapharma.com
