BALTIMORE–(BUSINESS WIRE)–Celsis In Vitro, Inc.
(Celsis IVT) announced today that the United States Court of Appeals for the
Federal Circuit in Washington,
D.C. upheld a preliminary
injunction against Life Technologies Corporations infringement of U.S. Patent
No. 7,604,929 (the LiverPool™ patent). Life Technologies (Nasdaq:LIFE) is the
parent corporation of the named co-defendants, Invitrogen Corporation and CellzDirect
LLC (collectively, LTC). The LiverPool patent
relates to methods for producing multi-cryopreserved hepatocytes.
In a precedential opinion authored by Chief Judge Randall R.
Rader, the Federal Circuit found no reversible error in the preliminary
injunction issued by Judge Milton I. Shadur, who presides in the U.S. District
Court for the Northern District of Illinois in Chicago. The Federal Circuit concluded that
Celsis IVT had sufficiently satisfied each of the four factors for establishing
a preliminary injunction. Notably, the Federal Circuit affirmed that Celsis IVT
properly demonstrated a substantial likelihood of success of infringement by
LTCs confidential standard process and that Celsis IVT had successfully
defeated LTCs attempted invalidity challenge due to obviousness. The Court also
confirmed that Celsis IVT “would suffer irreparable harm absent a preliminary
injunction,” and that “the preliminary record suggests LTCs losses were the
result of its own calculated risk in selling a product with knowledge of
Celsis patent.” “The public interest favors the enforcement of Celsis patent
rights here…[s]uch investment in drug research and development must be
encouraged and protected by the exclusionary rights conveyed in valid patents.”
“We are pleased that the Federal Circuit has re-affirmed our
LiverPool patent rights,” said Jay LeCoque,
CEO of Celsis International. “This precedential decision confirms our
decade-long investment in research and development in technologies supporting
our LiverPool products-products which are
critically important for drug development and research. The entire life science
industry secured an important victory today and should be incentivized to
continue their diligent efforts to innovate new technologies that improve the
quality of human life,” he added.
Celsis IVT is continuing to seek enhanced monetary damages
and a permanent injunction in the U.S. District Court for the Northern District
of Illinois. Adam G. Kelly, Jordan A. Sigale, and Julie L. Langdon of Loeb
& Loeb LLP represent Celsis IVT.
About Celsis IVT
Celsis IVT, a subsidiary of Celsis International Ltd, is the premier world
provider of specialized in vitro products for the study of metabolism,
drug-drug interactions and toxicity in drug discovery and development. Since
1990, pharmaceutical and biotechnology companies have relied on Baltimore-based
Celsis IVT for quality in vitro products for lead optimization. Celsis IVT
products deliver faster time to results, enabling more productive and
cost-effective research. Celsis IVT’s patented LiverPool
products, cryo-plateable hepatocytes (the world’s largest inventory) and other
ADMET research tools are available worldwide. Learn more at www.celsis.com/ivt.
About Celsis International Ltd
Chicago-based Celsis International Ltd is a leading global provider of
innovative life science products to the pharmaceutical and consumer products
industries. Each Celsis division delivers substantial time and cost savings to
its customers while ensuring product quality and safety for consumers. Celsis
extensive client base includes all 25 of the top 25 pharmaceutical companies
worldwide.
Posted by Sean Fenske, Editor-in-Chief, MDT
