Sexing Technologies fails in second attempt to invalidate claims
TORONTO, Jan. 25, 2013 /CNW/ - Microbix Biosystems Inc. (TSX:MBX), a
biotechnology company developing innovative biological products and
technologies including LumiSort® sperm sexing technology, announced
today that the United States Patent and Trademark Office (USPTO) has
again upheld all key claims of Microbix' U.S. LumiSort patent following
a second competitive challenge.
The USPTO plans to issue an Ex Parte Reexamination Certificate
confirming the patentability of the claims of U.S. Patent 8,004,661,
Microbix' first-issued patent for LumiSort technology. Sexing
Technologies, the dominant incumbent in livestock sperm sexing, has
twice challenged the patentability of the claims, and the USPTO has
again rejected their challenge.
Vaughn Embro-Pantalony, President and Chief Executive Officer, commented
on the decision. "We have maintained that the technological innovation
embodied in LumiSort represents a significant advancement in sperm
sexing for the livestock industry. Having overcome repeated attempts to
invalidate our patent, it is clear that LumiSort is significantly
different from prior art technology and satisfies the standard for
patent protection. We will continue to defend and expand our LumiSort
patent estate as the development program advances."
Dr. Mark Luscher, VP Scientific Affairs and the inventor of LumiSort
technology, offered, "Patent protection rewards innovation to stimulate
economic progress. LumiSort will provide significant benefits for the
livestock industries and food production worldwide, and the innovative
foundation of our technology has now been twice affirmed by the U.S.
LumiSort is a next-generation instrument-based (cytometric) technology
for the preparation of sex-selected sperm cells. LumiSort patents have
issued, or soon will issue, in the U.S., Mexico, and Ukraine, and
related applications are proceeding in selected countries worldwide.
LumiSort will provide the artificial insemination industry with a
3-fold increase in sperm cell yield and a 10-fold increase in the speed
of production, while increasing the fertility of the sexed sperm cell
product. Further information on LumiSort technology is available at http://LumiSort.com.
This press release contains forward-looking statements, which are
subject to risks and uncertainties that could cause actual results to
differ materially from those set forth in the forward-looking
statements including the risks associated with commercializing the
technologies, including sales which may not reach sales targets or be
made at all, there is no guarantee that the Company will complete
development of any technology and if it does that it will perform to
commercially exploitable levels, other technologies may emerge before
any technology developed by the Company enters the market, royalty
rates may not be achievable, markets may not sustain demand for any
product should world economies shift significantly, market utilization
rates may not be reached, market value of products may vary, product
launch dates and market utilization timetables may not be met; risks
associated with the ability to license LumiSort to industry; risks
associated with failure to develop and commercialize LumiSort;
non-adoption of LumiSort; competition in the animal health and related
markets; reliance by Microbix on third parties for the development and
manufacture of LumiSort instrument; general economic conditions;
intellectual property risks including challenges to protecting the
Company's intellectual property rights, patents may not provide
adequate protection of the Company's intellectual property, may not be
successfully prosecuted and may be subject to challenge and risks of
infringement of third party rights; risks of operating in foreign
jurisdictions, including operating in countries with evolving legal and
economic infrastructure; high rates of inflation; changes in taxation
policies, and Microbix' ability to attract and retain qualified
employees and management. These forward-looking statements represent
the Company's judgment as of the date of this press release. The
Company disclaims any intent or obligation to update these
SOURCE: Microbix Biosystems Inc.
For further information:
Visit www.microbix.com, or contact: Vaughn Embro-Pantalony, CEO, (416) 234-1624 ext. 350; or James Long, CFO, (416) 234-1624 ext. 265.