about cbr

Press Releases

U.S. Supreme Court Conclusively Ends PharmaStem Therapeutics' Claim To Cord Blood Banking Patents

Highest Court's Action Upholds Previous Ruling That Patents Are Invalid

SAN BRUNO, Calif. - September 22, 2009 - Cord Blood Registry (CBR), the global leader in research, collection, and preservation of newborn stem cells from umbilical cord blood, announced today that the U.S. Supreme Court refused to consider PharmaStem's legal claims against CBR involving cord blood banking patents, thus confirming a lower court's ruling that PharmaStem's U.S. patents 5,192,553 ('553) and 5,004,681 ('681) are invalid. This action supports CBR's long held position that PharmaStem's legal claims have no basis. The Supreme Court's decision is final and cannot be appealed.

Separately, the U.S. Patent Office canceled PharmaStem's patents 6,461,645 and 6,569,427.

Following the Supreme Court's action, PharmaStem has signed an agreement confirming that any "Amnesty Agreement" entered into between PharmaStem and any doctor or medical services provider is of no force or effect. PharmaStem also acknowledged that it can't impose any restrictions whatsoever on doctors or medical services providers regarding the collection of umbilical cord blood for CBR. Additional details can be found at http://www.cordblood.com/caregivers/index.asp by clicking on "PharmaStem Settlement" in the navigation menu.

"We have vigorously defended the rights and interests of our clients and the healthcare providers who partner with us," said Tom Moore, chief executive officer of CBR. "We are pleased that the courts have consistently ruled in our favor and that PharmaStem can take no further action."

Background

PharmaStem brought suit against CBR and several other family banks in 2002 alleging infringement of the '553 and '681 patents. CBR defended against these claims and the United States District Court found that CBR did not infringe on PharmaStem's patents. PharmaStem appealed this decision.

In 2007, the Federal Circuit Court of Appeals also ruled in CBR's favor. In addition, the Court of Appeals went even further and found that not only did CBR not infringe on the patents, but that the patents were themselves invalid. PharmaStem appealed to the U.S. Supreme Court, which denied PharmaStem's petition, thereby upholding the ruling of the U.S. Court of Appeals.

About Cord Blood Registry

Cord Blood Registry® (CBR®) is the world's largest stem cell bank, focused on the collection, processing and storage of newborn stem cells from umbilical cord blood and ensuring their viability for medical use. CBR is the most recommended family cord blood bank by obstetricians and was the first family bank accredited by AABB (formerly the American Association of Blood Banks). The company has been profitable and cash flow positive from operations on a cumulative basis since 1999. CBR has processed and stored cord blood units for more than 300,000 newborns from around the world and has released more client cord blood units for specific therapeutic use than any other family cord blood bank. CBR is the leader in research and development efforts in collaboration with the world's leading clinical researchers focused on advancing regenerative medical therapies using a child's own cord blood stem cells. The company continues to enhance its industry-leading technical innovations for stem cell collection, processing and storage that optimize quality and cell yield. For more information, visit www.CordBlood.com.

Return to Press Releases