CellPro to challenge parts of patent ruling

Maryland Watch

August 14, 1998

CellPro Inc. will file motions seeking reconsideration of key issues in a patent-infringement case brought against the company by the Johns Hopkins University, Mark J. Handfelt, vice president and general counsel of CellPro, said yesterday.

Hopkins and two companies to which it granted licenses sued CellPro in 1994. They charged that CellPro had, in effect, stolen patented Hopkins research leading to a device used in cancer treatment. A federal court in Delaware ruled for the Hopkins side and ordered CellPro last year to pay about $7 million in penalties and damages. A federal appeals court upheld that decision Tuesday.

Handfelt said CellPro, based in Bothell, Wash., will challenge parts of the ruling and might seek a rehearing or a review by the U.S. Supreme Court.

Estelle A. Fishbein, vice president and general counsel for the university, said yesterday, "I'm regretful they continue to battle against the inevitable."

Under the appeals court ruling, CellPro can continue to market its device until Baxter Healthcare Corp., which holds a Hopkins license, gets approval for its device.

Pub Date: 8/14/98

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