StemCells has moved to protect its reputation and intellectual property rights by filing suit against Neuralstem in the US federal court in Northern California for patent infringement, libel and unfair competition.
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The California action alleges that Neuralstem and its two founders infringed the company’s US patent for methods of proliferating human neural stem cells and its recently issued US patent for neural stem cell compositions of matter. The two patents had not previously been asserted by StemCells against Neuralstem and are not part of the pending Maryland litigation initiated by StemCells in 2006, which is currently on hold by court order.
Further, the California action alleges that Neuralstem has engaged in a campaign of misinformation about StemCells’s patents and proceedings before the US Patent Office. StemCells is seeking compensatory and enhanced damages as well as injunctive relief.
Martin McGlynn, president and CEO of StemCells, said: “Litigation of this type can be very time consuming and expensive and might have been avoided had Neuralstem chosen to negotiate a license as others have. We are confident that in the fullness of time the courts will find that Neuralstem has infringed our intellectual property rights.”
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