Advancis Pharmaceutical Receives Judgment in Trademark Infringement Lawsuit
28 Septiembre 2006 - 10:03AM
PR Newswire (US)
Federal Judge Rules Advancis Name Infringes sanofi-aventis
Trademark GERMANTOWN, Md., Sept. 28 /PRNewswire-FirstCall/ --
Advancis Pharmaceutical Corporation (NASDAQ:AVNC), a pharmaceutical
company focused on developing and commercializing novel
anti-infective products, today announced that the United States
District Court for the District of Delaware has issued an opinion
and order in favor of sanofi-aventis ruling that Advancis is
infringing the sanofi-aventis trademark. In December 2003, Aventis
and Aventis Pharmaceuticals Inc., now part of sanofi-aventis,
brought an action against Advancis, alleging, in essence, that
Advancis is infringing the plaintiff's trademark and seeking
injunctive relief. A trial was held in May, 2005. The court's
decision, dated September 26, 2006, ruled in favor of the plaintiff
and deferred an injunction, asking the parties to jointly submit a
proposed order by October 23, 2006. Advancis is disappointed with
the court's decision and is currently reviewing its legal options,
including the possibility of an appeal. No monetary damages were
associated with the decision. ABOUT ADVANCIS PHARMACEUTICAL:
Advancis Pharmaceutical Corporation (NASDAQ:AVNC) is a
pharmaceutical company focused on the development and
commercialization of anti-infective drug products that fulfill
substantial unmet medical needs in the treatment of infectious
disease. The Company is developing a portfolio of anti-infective
drugs based on its novel biological finding that bacteria exposed
to antibiotics in frontloaded staccato bursts, or "pulses," are
killed more efficiently and effectively than those under standard
treatment regimens. Based on this finding, Advancis has developed a
proprietary, once-a-day pulsatile delivery technology called
PULSYS. By examining the resistance patterns of bacteria and
applying its delivery technologies, Advancis has the potential to
redefine infectious disease therapy and significantly improve drug
efficacy, shorten length of therapy, and reduce drug resistance
versus currently available antibacterial products. For more on
Advancis, please visit http://www.advancispharm.com/. This
announcement contains forward-looking statements within the meaning
of Section 27A of the Securities Act of 1933, as amended, and
Section 21E of the Securities Exchange Act of 1934, as amended.
These statements are based on Advancis' current expectations and
assumptions. These statements are not guarantees of future
performance and are subject to a number of risks and uncertainties
that would cause actual results to differ materially from those
anticipated. The words, "believe," "expect," "intend,"
"anticipate," "plan," "hope," and variations of such words, and
similar expressions identify forward-looking statements, but their
absence does not mean that the statement is not forward-looking.
Statements in this announcement that are forward- looking include,
but are not limited to, statements about the Company's future
development plans, clinical trials, and financial results. The
actual results realized by Advancis could differ materially from
these forward-looking statements, depending in particular upon the
risks and uncertainties described in the Company's filings with the
Securities and Exchange Commission. These include, without
limitation, risks and uncertainties relating to the Company's
financial results and the ability of the Company to (1) reach
profitability, (2) prove that the preliminary findings for its
product candidates are valid, (3) receive required regulatory
approvals, (4) successfully conduct clinical trials in a timely
manner, (5) establish its competitive position for its products,
(6) develop and commercialize products that are superior to
existing or newly developed competitor products, (7) develop
products without any defects, (8) have sufficient capital resources
to fund its operations, (9) protect its intellectual property
rights and patents, (10) implement its sales and marketing
strategy, (11) successfully attract and retain collaborative
partners, (12) successfully develop, commercialize, and receive
market acceptance of its Keflex products, and (13) retain its
senior management and other personnel. Existing and prospective
investors are cautioned not to place undue reliance on these
forward-looking statements, which speak only as of today's date.
Advancis undertakes no obligation to update or revise the
information in this announcement, whether as a result of new
information, future events or circumstances or otherwise.
DATASOURCE: Advancis Pharmaceutical Corporation CONTACT: Robert
Bannon, Senior Director, Investor Relations of Advancis
Pharmaceutical Corporation, +1-301-944-6710, Web site:
http://www.advancispharm.com/
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