Patent Office Enters Final Judgment In Patent Interference In Favor Of Geron
Menlo Park, CA–January 27, 2004–Geron Corporation (Nasdaq: GERN) announced today that the Board of Patent Appeals and Interferences of the U.S. Patent and Trademark Office has issued a final judgment ending the patent interference proceeding between Geron and Infigen, Inc. of DeForest, Wisconsin. The Board awarded judgment in Geron’s favor on all counts in the interference.
The patent interference was over claims to nuclear transfer technology used to clone animals. As Geron announced on January 15, 2004, the Board previously issued a ruling on preliminary motions in Geron’s favor, and scheduled a priority testimony phase. On January 16, Infigen filed papers with the Board formally conceding the interference to Geron. The final judgment issued by the Board ends the interference and is not appealable.
"We are quite pleased with the outcome of this proceeding," said David J. Earp, J.D., Ph.D., Geron’s vice president of intellectual property. "The result is entirely consistent with our belief in the strength of the Roslin/Geron patent portfolio."
The Roslin/Geron nuclear transfer technology underlies the pioneering work at the Roslin Institute that led to the cloning of Dolly the sheep. Geron obtained rights to that technology when it acquired Roslin Bio–Med (now Geron Bio–Med) in 1999. As part of that acquisition, Geron obtained a worldwide license from the Roslin Institute to the nuclear transfer patent portfolio and took over management of the patents. The portfolio now includes three issued U.S. patents, as well as granted patents in Europe, Australia, New Zealand, South Africa and several other jurisdictions.
In addition to the interference with Infigen, the Patent Office previously granted Geron’s request for an interference between the same Roslin/Geron application and a patent assigned to the University of Massachusetts and licensed to Advanced Cell Technology, Inc. ("ACT") of Worcester, Mass. That interference is pending before the Board.
Geron is a biopharmaceutical company focused on developing and commercializing therapeutic and diagnostic products for cancer based on its telomerase technology, and cell–based therapeutics using its human embryonic stem cell technology.
This news release may contain forward–looking statements made pursuant to the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995. Investors are cautioned that such forward–looking statements in this press release regarding Geron’s intellectual property rights constitute forward–looking statements involving risks and uncertainties, including, without limitation, risks inherent in the development and commercialization of potential products, reliance on collaborators, need for additional capital, need for regulatory approvals or clearances, and the maintenance of our intellectual property rights. Actual results may differ materially from the results anticipated in these forward–looking statements. Additional information on potential factors that could affect our results and other risks and uncertainties are detailed from time to time in Geron’s periodic reports, including the quarterly report on Form 10–Q for the quarter ended September 30, 2003.
Contact: Geron Corporation David L. Greenwood Chief Financial Officer Tel: 650–473–7765
