Caliper Settles Litigation

The settlement appears to be mutually beneficial and will help further development of the in vivo imaging field. AntiCancer provides the MetaMouse and AngioMouse mouse models of cancer, which are used with its OncoBrite fluorescent proteins.

Hopkinton, MA and San Diego, CA 2/26/08—Caliper Life Sciences has entered into a settlement agreement with AntiCancer, resolving the patent infringement suit that AntiCancer brought against Xenogen in 2005. Caliper acquired Xenogen in 2006 (see IBO 2/15/06). Under the settlement, Caliper acquired the right to sublicense AntiCancer’s fluorescent protein optical imaging patents, and AntiCancer acquired the right to sublicense Caliper’s optical imaging patents in the field of fluorescent protein imaging to a specified annual number of third parties. Each company also received royal free licenses from the other for internal and contract research operations. Further details were not disclosed. The companies also expect to enter into an OEM distribution agreement under which Caliper will market and sell certain AntiCancer mouse and cell lines. “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,” stated Caliper President and CEO Kevin Hrusovsky. “This should greatly enhance the clarity and breadth of protection associated with these patents.”

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