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U.S. Court of Appeals for the Federal Circuit Court Upholds Celsis IVT Injunction Against Life Technologies Corporation in LiverPool Patent Infringement Lawsuit

Wed, 01/11/2012 - 5:03am
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

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