Celsis IVT alleges patent infringement, files lawsuit against Sekisui Chemical and subsidiaries

Feb 3 2010

Celsis In Vitro, Inc. (Celsis IVT) announced today that it has filed a patent infringement lawsuit against XenoTech LLC, Sekisui Chemical Co. Ltd., and Sekisui Medical Co. Ltd. in the United States District Court for the Northern District of Illinois in Chicago.  XenoTech and Sekisui Medical are wholly-owned subsidiaries of Sekisui Chemical.  The complaint alleges that certain processes and methods performed by XenoTech associated with its in vitro drug testing services and its pooled cryopreserved hepatocyte products, including CryoXTreme™, infringes one or more claims of U.S. Patent No. 7,604,929 (the '929 patent).  The complaint also alleges that Sekisui Chemical and Sekisui Medical are inducing infringement of the '929 patent and seeks monetary damages and injunctive relief.  Celsis IVT is represented by Jordan Sigale and Adam Kelly of Loeb & Loeb LLP.

The '929 patent relates to processes and methods for producing cryopreserved hepatocytes.  In general, this technology combines hepatocytes from multiple donors to create large lots with targeted activity levels, the result of which is a product that speeds up decision making and reduces the time and cost of drug research.  Since 2005, Celsis IVT has used this novel technology to create its unique LiverPool™ products for drug discovery research.  Major pharmaceutical companies around the world have incorporated these LiverPool products into their standard research protocols.  Research conducted with LiverPool has confirmed its outstanding efficacy as a research tool in numerous ADME-Tox assays, including metabolic stability and clearance studies.  Additional LiverPool product information is available online at www.celsis.com/liverpool.

"Innovation is the lifeblood of Celsis and the entire life sciences industry.  It must be protected if we are to advance the cause of cost-effective drug discovery," said Jay LeCoque, CEO of Celsis.  "We are disappointed that we are forced to take a litigation path after an unsuccessful attempt to meaningfully discuss our proprietary rights with XenoTech," he added, "Yet, we remain hopeful that the Defendants will cooperate with us to reach a successful resolution."