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Biotech / Medical : HuMAB companies -- Ignore unavailable to you. Want to Upgrade?

To: aknahow who wrote (256)	11/16/2001 4:01:46 PM
From: aknahow	Respond to of 1022

Xoma CEO in Nov. 6 presentation said all phage companies are in violation of XOMA patents. Recent release contained this: Litigation On October 15, 2001, XOMA filed an amended complaint in its case in the U.S. District Court for the Northern District of California, San Francisco Division, against Biosite Incorporated. The complaint seeks monetary damages, injunctive and other relief for infringement of XOMA's bacterial cell expression technology patents, fraud and misrepresentation, breach of contract, misappropriation and unfair business practices. As described in the amended complaint, XOMA believes that Biosite has made and continues to make use of XOMA's bacterial cell expression technology in an infringing manner not only in connection with Biosite's antibody phage display discovery program with various collaborators, but also in the development, manufacture and sale of Biosite's existing diagnostic and research products, reagents and kits, including its Triage brand of products. XOMA is seeking, among other things, an injunction prohibiting Biosite from manufacturing, using, offering to sell or selling any product or service that infringes the XOMA expression technology patents, as well as treble damages and attorney’s fees for such infringement. "In September 2001, the Court granted XOMA's motion to dismiss Biosite's previously filed declaratory judgment action against XOMA and denied Biosite's motion for a preliminary injunction because Biosite failed to demonstrate sufficient likelihood of success and irreparable harm. XOMA has terminated the three licenses previously granted to Biosite relating to XOMA's bacterial cell expression technology." XOMA has showed some recent strength in spite of two "shareholder" suits.