Preliminary injunction against CellzDirect, Invitrogen, and Life Technologies for Liverpool patent infringement

Sep 13 2010

Celsis In Vitro, Inc. (Celsis IVT) announced today that the United States District Court for the Northern District of Illinois in Chicago has entered a preliminary injunction against CellzDirect Inc., Invitrogen Corporation, and Life Technologies (the Defendants) due to their infringement of U.S. Patent No. 7,604,929 (the Liverpool™ patent).  Life Technologies of Carlsbad, California (Nasdaq: LIFE) is the parent of Invitrogen and CellzDirect.  The Liverpool patent relates to methods for producing multi-cryopreserved hepatocytes and methods for using multi-cryopreserved hepatocytes to investigate in vitro drug metabolism.

According to the terms of the injunction, the Defendants and those acting in collaboration with them are enjoined from using the claimed methods of the Liverpool patent that relate to producing multi-cryopreserved hepatocytes and the use of multi-cryopreserved hepatocytes to investigate in vitro drug metabolism.  The Defendants are further barred from selling or offering to sell multi-cryopreserved hepatocytes including restrictions on products presently held in inventory.

In addition, the Defendants and those acting in collaboration with them are enjoined from inducing, aiding and abetting, or encouraging others to practice the claimed methods related to the use of multi-cryopreserved hepatocytes to investigate in vitro drug metabolism; for example by encouraging or supporting their customers who are in possession of Defendant-branded multi-cryopreserved products in their continued use to investigate in vitro drug metabolism.

Celsis IVT has alleged that certain processes and methods performed by CellzDirect and Invitrogen associated with their in vitro drug testing services and their pooled cryopreserved hepatocyte products willfully infringe one or more claims of Liverpool patent.  Celsis IVT has also alleged that the Defendants are selling products from infringing methods, providing infringing services, and inducing infringement of the LiverPool patent.  In addition to the preliminary injunctive relief ordered, Celsis IVT is seeking monetary damages and a permanent injunction.  Adam G. Kelly, Jordan A. Sigale, and Julie L. Langdon of Loeb & Loeb LLP represent Celsis IVT.

"We are encouraged by the Court's decision to award Celsis IVT injunctive relief in this case.  Patented innovations must be protected from infringement if research and development is to continue in the life sciences industry," said Jay LeCoque, CEO of Celsis.  "Companies that produce infringing products, piggy-backing on years of research and development by other scientists, have no costs to recoup. It's all too easy for them to offer products for sale at significant discounts compared to patented products that must recoup major R&D investments.  This type of predatory pricing employed by Invitrogen and CellzDirect has done much to undermine in the minds of our customers the perceived value of new product innovations in the ADME-Tox industry.  We remain hopeful that the defendants will realize the serious impact of such a precedent on the entire life sciences industry, and that they will work with us to properly resolve this issue."