Celsis IVT Wins Preliminary Injunction Against Life Technologies and CellzDirect in Liverpool(TM) Patent Infringement LawsuitBy Celsis In Vitro Inc., PRNE
Thursday, September 9, 2010
CHICAGO, September 10, 2010 - Celsis In Vitro, Inc. (Celsis IVT) announced today that the United States
District Court for the Northern District of Illinois in Chicago has entered a
preliminary injunction against CellzDirect Inc., Invitrogen Corporation, and
Life Technologies (the Defendants) due to their infringement of U.S. Patent
No. 7,604,929 (the Liverpool(TM) patent). Life Technologies of Carlsbad,
California (Nasdaq: LIFE) is the parent of Invitrogen and CellzDirect. The
Liverpool patent relates to methods for producing multi-cryopreserved
hepatocytes and methods for using multi-cryopreserved hepatocytes to
investigate in vitro drug metabolism.
According to the terms of the injunction, the Defendants and those acting
in collaboration with them are enjoined from using the claimed methods of the
Liverpool patent that relate to producing multi-cryopreserved hepatocytes and
the use of multi-cryopreserved hepatocytes to investigate in vitro drug
metabolism. The Defendants are further barred from selling or offering to
sell multi-cryopreserved hepatocytes including restrictions on products
presently held in inventory.
In addition, the Defendants and those acting in collaboration with them
are enjoined from inducing, aiding and abetting, or encouraging others to
practice the claimed methods related to the use of multi-cryopreserved
hepatocytes to investigate in vitro drug metabolism; for example by
encouraging or supporting their customers who are in possession of
Defendant-branded multi-cryopreserved products in their continued use to
investigate in vitro drug metabolism.
Celsis IVT has alleged that certain processes and methods performed by
CellzDirect and Invitrogen associated with their in vitro drug testing
services and their pooled cryopreserved hepatocyte products willfully
infringe one or more claims of Liverpool patent. Celsis IVT has also alleged
that the Defendants are selling products from infringing methods, providing
infringing services, and inducing infringement of the LiverPool patent. In
addition to the preliminary injunctive relief ordered, Celsis IVT is seeking
monetary damages and a permanent injunction. Adam G. Kelly, Jordan A. Sigale,
and Julie L. Langdon of Loeb & Loeb LLP represent Celsis IVT.
"We are encouraged by the Court's decision to award Celsis IVT injunctive
relief in this case. Patented innovations must be protected from infringement
if research and development is to continue in the life sciences industry,"
said Jay LeCoque, CEO of Celsis. "Companies that produce infringing products,
piggy-backing on years of research and development by other scientists, have
no costs to recoup. It's all too easy for them to offer products for sale at
significant discounts compared to patented products that must recoup major
R&D investments. This type of predatory pricing employed by Invitrogen and
CellzDirect has done much to undermine in the minds of our customers the
perceived value of new product innovations in the ADME-Tox industry. We
remain hopeful that the defendants will realize the serious impact of such a
precedent on the entire life sciences industry, and that they will work with
us to properly resolve this issue."
About Celsis IVT
Celsis IVT, a subsidiary of Celsis Holdings, Inc., itself 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 and laboratory services 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.
Adam Kelly of Loeb & Loeb, +1-312-464-3138, AKelly at Loeb.com, for Celsis In Vitro, Inc.
Tags: Celsis In Vitro Inc., Chicago, Illinois, Scandinavia, September 10, Western Europe