Tuesday, February 26, 2008

Caliper and AntiCancer Announce Cross-Licensing of Intellectual Property and Settlement of Litigation

February 26, 2008 /PRNewswire-FirstCall/-- Caliper Life Sciences and AntiCancer, Inc. today announced that they have entered into an agreement to establish a cross-licensing relationship and end all outstanding patent litigation between the two companies. Under the new cross-licensing arrangement, Caliper acquires the right to sublicense AntiCancer's fluorescent protein optical imaging patents to third-parties, alongside Caliper's own portfolio of in vivo fluorescent and bioluminescent optical imaging patents; AntiCancer acquires the right to sublicense Caliper's optical imaging patents, in the field of fluorescent protein imaging, to a specified annual number of third parties throughout the life of the agreement, alongside AntiCancer's own fluorescent protein optical imaging patents. In addition, each company receives a royalty free license from the other for internal and contract research operations.

The agreement further strengthens Caliper's intellectual property estate specifically extending the range of fluorescent protein optical imaging rights available to customers. Focused on delivering a range of optical imaging technologies to meet the needs of the pharmaceutical and biotech industries, Caliper continues to strive to enable unsurpassed research flexibility specifically in the areas of cancer research and other critical therapeutic areas.
Under the cross-license arrangement, Caliper and AntiCancer will share in any revenues generated by the licensing of their proprietary imaging technologies in the field of fluorescent protein imaging. No other payments will be made for either the settlement or cross-licensing agreements. Further financial details of the cross-licensing arrangement were not disclosed.
The companies also expect to enter into an OEM distribution agreement under which Caliper will market and sell certain mouse and cell lines developed by AntiCancer for use in fluorescent protein-based optical imaging experiments.
"This settlement and the resulting alignment between Caliper and AntiCancer represent a major step forward for the in vivo molecular imaging community," said Kevin Hrusovsky, President and CEO of Caliper. "In addition to our unique position in bioluminescent and fluorescent conjugate imaging, the cross-licensing arrangement enables Caliper to provide our existing and prospective license customers with a broader suite of intellectual property rights for optical imaging with fluorescent proteins. This should greatly enhance the clarity and breadth of protection associated with these patents. We also look forward to the opportunity to expand our reagents business by marketing and selling fluorescent protein cell lines developed by AntiCancer."
"We are very pleased with the opportunity to work collaboratively with Caliper, the clear leader in terms of the number of pre-clinical optical imaging instruments placed in the market," said Robert Hoffman, Ph.D., President and CEO of AntiCancer. "AntiCancer is very pleased to have an outstanding partner such as Caliper to greatly enhance this pioneering fluorescent imaging technology. AntiCancer's mission has always been the development of technologies for the treatment and cure of cancer, and we look forward to furthering this mission through the combined innovative power of AntiCancer and Caliper."

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