Apieron Alleges Evidence Shows Aerocrine Inventors Withheld Prior Art Information from Patent Office

Apieron, Inc. Files Motion to Add Additional Invalidity Challenge to Aerocrine Patent

MENLO PARK, California, November 18 - Apieron, Inc. has asked the court presiding over its patent suit against
Aerocrine, Inc. to allow it to raise additional grounds for invalidating
Aerocrine's broadest patent relating to exhaled nitric oxide, U.S. Patent No.
5,922,610.

In its motion, Apieron alleges that recently obtained deposition
testimony and interrogatory responses indicate that Drs. Kjell Alving, Jan
Lundberg, and Edward Weitzberg, inventors named on the '610 patent, were in
possession of information material to the patentability of their invention -
namely, the prior invention in the United States of the claimed subject
matter by Dr. Benjamin M. Gaston - yet intentionally failed to disclose this
information to the United States Patent and Trademark Office.

For its part, Aerocrine has asked the court to procedurally block Apieron
from raising the new allegations, which it claims are not stated with the
requisite specificity. Redacted versions of the parties' pleadings and
exhibits are publicly available via the website of the U.S. District Court
for the District of Delaware.

About Apieron, Inc.

Apieron, Inc. is a private, venture-backed medical device company based
in Menlo Park, CA that was formed in early 2001 to develop a simple-to-use,
non-invasive monitor for the measurement of exhaled nitric oxide (eNO) for
the management of asthma. The Apieron biosensor technology platform utilizes
a patented technology that allows for the highly sensitive detection of
selected analytes like eNO. Apieron is committed to collaborating with
physicians and patients to develop innovative medical solutions to improve
quality of life and standards of care.

Holly McGarraugh of Apieron, Inc., +1-510-282-2852