A lawsuit was filed against Biotage by Scientific Plastic Products, Inc. concerning alleged infringement of the US patents no 7,138,061, 7,381,327 and 7,410,571.

Biotage then filed an application to the US Patent and Trademark Office applying for re-examination of all patent claims in the three patents mentioned above. At the same time Biotage submitted a request to stay the lawsuit in the district court pending the outcome of the re-examination proceedings. The court approved Biotage’s request and declared the district court lawsuit stayed until resolution of the reexamination proceedings.

The US Patent and Trademark Office have now also declared all claims of US patent 7,138,061 rejected. It is possible to file a notice of appeal. On 16 March Biotage published that the US Patent and Trademark Office had declared all claims of US patent 7,381,327 rejected. Decision is expected concerning the third patent later this year.

“The decision of the US Patent and Trademark Office again confirms our assessment of the legal situation. We have all the way claimed that the plaintiff did not have good cause for the alleged patent infringement. Now we are waiting for the decision concerning the third patent.”, says Torben Jørgensen, CEO, Biotage AB.

The information in this press release is of the kind that Biotage AB (publ) may be required to make public according to the Securities Market Act and/or Financial Instruments Trading Act. The information was released for publication at 2pm on May 9, 2011.

About Biotage:

Biotage offers solutions, knowledge and experience in the areas of analytical chemistry and medicinal chemistry. The customers include the world’s largest pharmaceutical and biotech companies, and leading academic institutes. The company is headquartered in Uppsala and has subsidiaries in the US, UK and Japan. Biotage has 272 employees and had sales of 428.9 MSEK in 2010. Biotage is listed on the NASDAQ OMX Nordic Stockholm stock exchange. Website:www.biotage.com