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Caliper Life Sciences (CALP) and AntiCancer Announce Cross-Licensing of Intellectual Property and Settlement of Litigation


2/26/2008 8:54:59 AM

HOPKINTON, Mass. and SAN DIEGO, Feb. 26 /PRNewswire-FirstCall/-- Caliper Life Sciences and AntiCancer, Inc. today announced that they have entered into an agreement to establish a cross-licensing relationship and end all outstanding patent litigation between the two companies. Under the new cross-licensing arrangement, Caliper acquires the right to sublicense AntiCancer's fluorescent protein optical imaging patents to third-parties, alongside Caliper's own portfolio of in vivo fluorescent and bioluminescent optical imaging patents; AntiCancer acquires the right to sublicense Caliper's optical imaging patents, in the field of fluorescent protein imaging, to a specified annual number of third parties throughout the life of the agreement, alongside AntiCancer's own fluorescent protein optical imaging patents. In addition, each company receives a royalty free license from the other for internal and contract research operations.

The agreement further strengthens Caliper's intellectual property estate specifically extending the range of fluorescent protein optical imaging rights available to customers. Focused on delivering a range of optical imaging technologies to meet the needs of the pharmaceutical and biotech industries, Caliper continues to strive to enable unsurpassed research flexibility specifically in the areas of cancer research and other critical therapeutic areas.

Under the cross-license arrangement, Caliper and AntiCancer will share in any revenues generated by the licensing of their proprietary imaging technologies in the field of fluorescent protein imaging. No other payments will be made for either the settlement or cross-licensing agreements. Further financial details of the cross-licensing arrangement were not disclosed.

The companies also expect to enter into an OEM distribution agreement under which Caliper will market and sell certain mouse and cell lines developed by AntiCancer for use in fluorescent protein-based optical imaging experiments.

"This settlement and the resulting alignment between Caliper and AntiCancer represent a major step forward for the in vivo molecular imaging community," said Kevin Hrusovsky, President and CEO of Caliper. "In addition to our unique position in bioluminescent and fluorescent conjugate imaging, the cross-licensing arrangement enables Caliper to provide our existing and prospective license customers with a broader suite of intellectual property rights for optical imaging with fluorescent proteins. This should greatly enhance the clarity and breadth of protection associated with these patents. We also look forward to the opportunity to expand our reagents business by marketing and selling fluorescent protein cell lines developed by AntiCancer."

"We are very pleased with the opportunity to work collaboratively with Caliper, the clear leader in terms of the number of pre-clinical optical imaging instruments placed in the market," said Robert Hoffman, Ph.D., President and CEO of AntiCancer. "AntiCancer is very pleased to have an outstanding partner such as Caliper to greatly enhance this pioneering fluorescent imaging technology. AntiCancer's mission has always been the development of technologies for the treatment and cure of cancer, and we look forward to furthering this mission through the combined innovative power of AntiCancer and Caliper."

About Caliper Life Sciences

Caliper Life Sciences is a premier provider of cutting-edge technologies enabling researchers in the life sciences industry to create life-saving and enhancing medicines and diagnostic tests more quickly and efficiently. Caliper is aggressively innovating new technology to bridge the gap between in vitro assays and in vivo results and then translating those results into cures for human disease. Caliper's portfolio of offerings includes state-of-the-art microfluidics, lab automation & liquid handling, optical imaging technologies, and discovery & development outsourcing solutions. For more information please visit http://www.caliperLS.com.

About AntiCancer, Inc.

AntiCancer, founded in 1984 and based in San Diego, is the pioneer in fluorescence imaging in small animals, a highly enabling technology for drug discovery and evaluation. AntiCancer has developed the leading mouse models of cancer including MetaMouse(R) and AngioMouse(R). These models are made imageable with AntiCancer's OncoBrite(R) technology using fluorescent proteins. AntiCancer also offers the Histoculture Drug Response Assay (HDRA) for individualized cancer treatment. AntiCancer pioneered hair follicle gene therapy and is now pioneering the use of pluripotent hair-follicle stem cells for regenerative medicine. AntiCancer is also developing recombinant-enzyme- based therapeutics and diagnostics for cancer, cardiovascular diseases and AIDS, as well as gene therapy of cancer and other diseases. AntiCancer's newest technology is the engineering of tumor-targeting bacteria for cancer therapy. AntiCancer has a portfolio of over 100 patents worldwide. For more information please visit http://www.anticancer.com.

The statements in this press release regarding future events, including statements regarding Caliper's and AntiCancer's intention to enter into an OEM distribution agreement and Caliper's expectation that an OEM distribution arrangement with AntiCancer will enable Caliper to expand its reagents business, are "forward-looking statements" within the meaning of Section 21E of the Securities Exchange Act of 1934, as amended. These statements are subject to risks and uncertainties that could cause actual results to differ materially from those contemplated by the forward-looking statements as a result of a number of factors, including the risks that Caliper and AntiCancer may not be able to agree on the terms of an OEM distribution agreement, and Caliper may experience unexpected difficulties in marketing and selling fluorescent protein cell lines developed by AntiCancer to Caliper's customers. Further information on risks faced by Caliper are detailed under the caption "Risks Related To Our Business" in Caliper's Annual Report on Form 10-K for the year ended December 31, 2006. Our filings are available on a web site maintained by the Securities and Exchange Commission at http://www.sec.gov. Caliper does not undertake any obligation to update forward-looking or other statements in this release.

NOTE: Caliper is a registered trademark of Caliper Life Sciences, Inc. MetaMouse, AngioMouse and OncoBrite are registered trademarks of AntiCancer, Inc.

CONTACT: Tom Higgins, CFO of Caliper Life Sciences, Inc., +1-508-497-2809;
or Media, Stacey Holifield or Michele Clement, +1-781-684-0770,
caliper@schwartz-pr.com, for Caliper Life Sciences, Inc.

Web site: http://www.caliperls.com/
http://www.anticancer.com/


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