Lonza Withdraws Majority of Claims in Patent Lawsuit Against Northwest Bioth... (both Lonza's entire complaint and NWBT's...)

Lonza Withdraws Majority of Claims in Patent Lawsuit Against Northwest Biotherapeutics

Date:12/20/2007

both Lonza's entire complaint and NWBT's answer and counterclaims in Delaware.

However, simultaneously, Lonza filed a new, second lawsuit in the U.S. District Court for the District of Maryland, again alleging infringement by NWBT and potentially including again up to the full range of NWBT's DCVax(R) products. The new second lawsuit removed explicit references to DCVax(R) products other than DCVax(R)-Prostate, but still claimed that not only DCVax(R)-Prostate but also "other infringing products or technologies" of NWBT infringed Lonza's gene expression patents. In light of the information available to Lonza both from public sources and privately from NWBT, NWBT demanded that Lonza remove all allegations from the second complaint in Maryland relating to any product other than DCVax(R)-Prostate.

Following NWBT's demand, Lonza has withdrawn from its Maryland complaint all allegations of infringement by NWBT products other than DCVax(R)-Prostate. This withdrawal was put into effect by Lonza's filing of an Amended Complaint in the U.S. District Court in Maryland on December 13, 2007 that accuses only DCVax(R)-Prostate of infringement (and asserts related state law claims).

Thus, the only remaining allegation by Lonza of infringement now relates to NWBT's DCVax(R)-Prostate product. NWBT strongly disputes that its activities surrounding DCVax(R)-Prostate constitute any infringement by NWBT, and NWBT intends to fight the remaining Lonza claims vigorously.

The only use of a gene expression system ever connected in any way, even indirectly, with any NWBT product has been the use by an unrelated third-party manufacturer of a gene expression system to produce two batches of recombinant PSMA protein for NWBT nine years ago and six years ago, respectively. The third party manufacturer chose the gene expression system it used, and was the only party who used that expression system in any connection with NWBT's product. NWBT did not use, nor has it ever
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Lonza Withdraws Majority of Claims in Patent Lawsuit Against Northwest Bioth...(both Lonza's entire complaint and NWBT's...)