SAN DIEGO, Nov. 2 /PRNewswire-FirstCall/ -- Sequenom, Inc. today announced that the European Patent Office (EPO) has upheld, in amended form, the validity of European Patent No. 0994963B1, in a challenge to the patent brought against Isis Innovation Ltd., the technology transfer company of the University of Oxford. Through agreement with Isis, Sequenom holds exclusive rights to the patent that is enabling for non-invasive prenatal genetic testing on fetal nucleic acids derived from maternal plasma or serum.
(Logo: http://www.newscom.com/cgi-bin/prnh/20040415/SQNMLOGO)
“We are pleased with the EPO’s ruling, which strengthens our patent position,” said Clarke Neumann, Vice President and General Counsel for Sequenom. “It is unclear whether the decision will be appealed.”
Sequenom has identified considerable unmet needs for new approaches that enable non-invasive and reliable prenatal diagnostic testing for expectant mothers and is pursuing development of a portfolio of non-invasive prenatal tests based on the analysis of circulating fetal nucleic acid in pregnant women obtained from a simple blood draw from the mother. By directly testing fetal DNA, the Company may provide more fundamental and reliable diagnostic information earlier in the pregnancy. With the limited exception of Rhesus D testing performed in Europe on a real-time PCR platform, the exclusively licensed patent rights from Isis enable Sequenom’s development and performance of tests, including gender determination tests for social and lifestyle purposes, on any relevant platform, including the Sequenom MassARRAY(R) system.
Sequenom holds exclusive license rights to the patent in Austria, Belgium, Denmark, Finland, France, Germany, Great Britain, Ireland, Italy, Luxembourg, Monaco, the Netherlands, Portugal, Spain, Sweden and Switzerland, as well as rights to the patent’s foreign counterparts in the United States, Canada, Japan, and Australia.
About Sequenom
Sequenom is committed to providing the best genetic analysis products that translate genomic science into superior solutions for biomedical research, agricultural applications, molecular medicine, and non-invasive prenatal testing. The Company’s proprietary MassARRAY system is a high-performance DNA analysis platform that efficiently and precisely measures the amount of genetic target material and variations therein. The system is able to deliver reliable and specific data from complex biological samples and from genetic target material that is only available in trace amounts. The Company has exclusively licensed intellectual property rights for the development and commercialization of non-invasive prenatal genetic tests for use with the MassARRAY system and other platforms.
About Isis Innovation Ltd.
Isis Innovation Ltd. is the technology transfer company of the University of Oxford, commercializing the research generated by University researchers and owned by the University. Isis was established in 1988 and in 1997 started a major expansion phase; Isis is a wholly owned subsidiary of the University of Oxford. The University assigns its intellectual property to Isis (where there are no pre-existing exploitation arrangements) and Isis then evaluates, protects and markets the intellectual property. For more information, visit www.isis-innovation.com.
Sequenom(R) and MassARRAY(R) are trademarks of SEQUENOM, Inc.
Except for the historical information contained herein, the matters set forth in this press release including statements regarding the potential for an appeal of the decision and the Company’s development of a portfolio of non-invasive prenatal tests, are forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially, including the risks and uncertainties associated with litigation and proceedings before the European Patent Office, the Company’s technologies, research and development efforts, governmental and other regulatory approvals, product development and commercialization, market acceptance of and demand for the Company’s products, reliance upon the collaborative efforts of others, and other risks detailed from time to time in the Company’s SEC reports, including the Company’s Annual Report on Form 10-K for the year ended December 31, 2005 and subsequent periodic reports. These forward-looking statements are based on current information that is likely to change and speak only as of the date hereof. You are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of this press release. All forward-looking statements are qualified in their entirety by this cautionary statement, and the Company undertakes no obligation to revise or update any forward-looking statement to reflect events or circumstances after the issuance of this press release.
Photo: NewsCom: http://www.newscom.com/cgi-bin/prnh/20040415/SQNMLOGOAP Archive: http://photoarchive.ap.orgPRN Photo Desk, photodesk@prnewswire.comSequenom, Inc.
CONTACT: John Sharp, Principal Financial Officer of Sequenom, Inc.,+1-858-202-9032; or Zachary Bryant, zbryant@lhai.com, or Jody Cain,jcain@lhai.com, both of Lippert/Heilshorn & Associates, +1-310-691-7100,for Sequenom, Inc.
