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. Patent Office."
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 forward-looking statements.
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.