Porton Group: 3M Suit Described as a "Publicity Stunt Disguised as a Lawsuit"

LONDON, June 23, 2011 -

- Boies Schiller
& Flexner, attorneys for Porton Group and CEO Harvey Boulter,
brief media in international telephone press conference

Attorneys for the investment group Porton and its CEO Harvey
Boulter  today described charges of “blackmail,” filed against
Porton and Mr. Boulter by multinational conglomerate 3M in a New
York City court, as a “publicity stunt disguised as a lawsuit.”

Attorney Lee Wolosky, representing the group and Mr. Boulter,
predicted “the complete dismissal of these truly ridiculous
claims.” The accusations were attempts “to divert attention from an
ongoing trial in London High Court, where 3M is accused of breach
of contract” relating to BacLite, a MRSA detection device invented
by the British Ministry of Defence and acquired by 3M in 2007.

The High Court trial, according to a statement by Mr. Boulter,
centres around “3M’s decision to abandon the clinical trials and
marketing of BacLite.” 3M’s decision was made despite “unequivocal
contractual obligations” after they “bungled the FDA trials and
made serious errors, all of which were fixable,” he said.
 

“3M has no valid defence to the claim that it abandoned its
partners, including the British Government… the total value of the
claims and legal costs, to the Claimants, are in excess of
$45,000,000,” said Mr. Boulter.

Mr. Boulter further noted that 3M’s complaint was filed in New
York City after the High Court heard that 3M CEO George Buckley
“personally directed to ‘pull the plug’ on this life saving
technology.”

3M’s accusations of “blackmail” reference settlement discussions
initiated by 3M’s lawyer William Brewer which occurred “under
mutually and explicitly agreed rules of confidentiality,” according
to Mr. Boulter. “Mr. Brewer violated the rules of confidentiality
regarding settlement negotiations by mischaracterizing statements
made during a negotiation, and using them as a basis for a lawsuit
accusing me of blackmailing 3M.”

“3M’s complaint does not pass the laugh test,” said Lanny Davis,
attorney for the Porton Group and Mr. Boulter. Mr. Wolosky noted
that “3M has not even tried to serve its new lawsuit on The Porton
Group or Mr. Boulter,” instead only “sending copies to the
media.”

Attorney Robert Hopper announced that The Porton Group would be
petitioning the UK National Health Service, Medicines Health
Regulatory Agency, and the EU Medicines Agency “asking these
agencies to urge the US FDA to investigate 3M and to cooperate with
the NHS and EMEA in their own investigations of 3M.” He emphasized
Porton’s “genuine belief that the failure to have BacLite approved
by the US FDA has created a great matter of public health, as
BacLite could have been in use for the past several years, as it
originally was in the UK and EU for rapid, accurate and economic
detection of MRSA at a 95.5% reliability rate.”

For US Media Enquiries Contact: Dawn Schneider at
+1-212-446-2308 or Maddie Melendez at +1-202-756-8293

For UK Media Enquiries Contact: Catherine Nicholls on
+44-7789-644-979 or Charles Cook on +44-7710-910-563

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