To: Krukov who wrote (1403 ) 8/12/1998 6:04:00 AM From: John Grabiec Read Replies (2) | Respond to of 1704
Is anybody out there? Any comment on the following news release on CPRO, and the fact that their stock halted trading, and we looked strong? Am I the only "fool" to still hold this <G> SEATTLE (BUSINESS WIRE) - CellPro, Incorporated (NASDAQ:CPRO) announced today that the U.S. Court of Appeals for the Federal Circuit issued its decision in the appeal of a patent infringement case brought against the company by Baxter Healthcare, Becton Dickinson & Company and The Johns Hopkins University. The decision vacated that portion of the District Court's decision which would have prevented CellPro from making and selling its CEPRATE(R) SC Stem Cell Concentration System outside the United States, but affirmed the District Court's construction of certain patent claims related to an antibody used in the CEPRATE(R) SC System and the resulting stem cell suspension. The Appeals Court also affirmed a determination that CellPro willfully infringed the patents in dispute. "Obviously we're very disappointed with the Court's decision, despite the fact that we will be free to continue to build our business and operations outside the United States. In the meantime, we hope to continue to supply our customers in the U.S. in the ordinary course of business under the terms of the current injunction. Although Rick Murdock, CellPro's President and Chief Executive Officer is out of town and not available for comment, the Board of Directors and CellPro management is evaluating all legal and business alternatives to maximize asset value in light of today's court decision," stated Mark Handfelt, CellPro's Vice President, Law and Administration and General Counsel. In December 1996, the CEPRATE(R) SC Stem Cell Concentration System was approved by the FDA to select progenitor cells from bone marrow. In July 1998, the FDA issued an approval letter to CellPro to expand the uses of the CEPRATE(R) SC System to include selection of peripheral blood progenitor cells and tumor purging. The CEPRATE(R) SC System is currently the only FDA approved stem cell selection system on the market.