Biotech Values

[DewDiligence]

Advanced Cell Technology Appeals Nuclear Transfer Patent Interference Decision

[Not exactly a surprising development.]

http://biz.yahoo.com/bw/050110/105422_1.html

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WORCESTER, Mass.--(BUSINESS WIRE)--Jan. 10, 2005--Advanced Cell Technology, Inc. (ACT) announced today the intent to appeal the decision of the Board of Patent Appeals and Interference, interference number 104,746, between itself and Geron Corporation (Nasdaq:GERN - News) to the U.S. District Court.

"Advanced Cell Technology is focused on the human medical applications of stem cell technology. This interference relates to patent claims for non-human animal cloning and therefore does not relate to our core product focus. However, we have numerous commercial partners utilizing ACT's patented animal cloning technology and we intend to defend the patents vigorously," said William M. Caldwell, CEO of Advanced Cell Technology. "We believe our intellectual property relating to the human medical application of nuclear transfer, not part of the 104,746 interference, is strong."

Advanced Cell Technology disputes Geron Corporation's claim that ACT's patent at issue in the interference has been invalidated. An issued US patent is entitled to a presumption of validity until a final ruling. A final ruling in this case has not been made.

"It has always been clear to us that the animal cloning patent licensed to Geron from the Roslin Institute and that licensed to ACT from the University of Massachusetts describe distinct technologies and that the patent claims do not interfere," said Michael D. West, ACT's President and Chief Scientific Officer. "We believe that the original decision by the US patent office to issue this patent was the correct one and that the patent will remain valid as a result of the appeal process."

Advanced Cell Technology is a biotechnology company focused on discovering and commercializing advances in stem cell technology for application in regenerative medicine.
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