ROCKVILLE, Md.--(BUSINESS WIRE)--May. 15, 2009--
Neuralstem, Inc. (NYSEAmex:CUR) today responds to an earlier press
release by StemCells, Inc. (STEM). On May 13, 2009, the United States
Patent and Trademark Office (“PTO”) confirmed that two of STEM’s patents
are invalid as the claims were originally granted. However, as we have
come to expect, STEM has completely mischaracterized the outcome of the
PTO reexamination proceeding concerning U.S. Patent Nos. 6,294,346 and
7,101,709.
First, STEM’s assertion that only some of the claims in the ‘346 and
‘709 patents were amended is untrue. As the publicly available
information with the PTO clearly shows, all of the claims in those two
patents were amended. Moreover, contrary to STEM’s statement, we believe
the numerous substantial amendments made by STEM to get these two
patents allowed completely destroy any basis for their assertions of
infringement by Neuralstem. Finally, the PTO’s review was limited to the
issues in the reexamination and does not mean that STEM’s patents cannot
be invalidated in any litigation proceeding. In short, we believe that
any attempt by STEM to continue their baseless law suit will be
unsuccessful, since Neuralstem does not infringe upon any of the
significantly modified claims that STEM salvaged in the reexamination
process.
Furthermore, STEM’s summary of the litigation between the parties is
both inaccurate and incomplete. It fails to note that Neuralstem moved
to reopen the 2006 litigation last year after two of the patents came
out of reexamination and that STEM vigorously fought to keep that case
closed.
In addition, Neuralstem initiated the litigation in 2008, not STEM, when
it filed a declaratory judgment action against two STEM patents on May
7, 2008 asserting that STEM’s patents were invalid, not-infringed and
unenforceable because of inequitable conduct. STEM moved to dismiss
Neuralstem’s declaratory judgment action and failed, which is why its
second-filed lawsuit from California was eventually transferred to
Maryland.
Finally, we would again note that the PTO upheld the patentability of
Neuralstem’s core technology in May, 2006, in response to a challenge
from STEM. Our patents are not being challenged in the PTO or in any of
the suits with STEM.
About Neuralstem, Inc.
Neuralstem's patented technology enables, for the first time, the
ability to produce neural stem cells of the human brain and spinal cord
in commercial quantities, and the ability to control the differentiation
of these cells into mature, physiologically relevant human neurons and
glia. The Company is targeting major central nervous system diseases
including: Ischemic Spastic Paraplegia, Traumatic Spinal Cord Injury,
Huntington’s disease and Amyotrophic Lateral Sclerosis (ALS), often
referred to as Lou Gehrig's disease. Neuralstem’s IND is under review
with the FDA for ALS. ALS is a progressive, fatal neurodegenerative
disease that affects nerve cells in the brain, leading to the
degeneration and death of the motor neurons in the spinal cord that
control muscle movement. ALS affects roughly 30,000 people in the U.S.,
with about 7,000 new diagnoses per year. Pre-clinical work has shown
Neuralstem’s cells to extend the life of rats with ALS (as reported the
journal TRANSPLANTATION, in collaboration with Johns Hopkins
University researchers), and also reversed paralysis in rats with
Ischemic Spastic Paraplegia, (as reported in NEUROSCIENCE; June 29,
2007, in collaboration with researchers at University of California San
Diego).
Cautionary Statement Regarding Forward Looking Information
This news release may contain forward-looking statements made pursuant
to the "safe harbor" provisions of the Private Securities Litigation
Reform Act of 1995. Investors are cautioned that such forward-looking
statements in this press release regarding potential applications of
Neuralstem's technologies constitute forward-looking statements that
involve risks and uncertainties, including, without limitation, risks
inherent in the development and commercialization of potential products,
uncertainty of clinical trial results or regulatory approvals or
clearances, need for future capital, dependence upon collaborators and
maintenance of our intellectual property rights. Actual results may
differ materially from the results anticipated in these forward- looking
statements. Additional information on potential factors that could
affect our results and other risks and uncertainties are detailed from
time to time in Neuralstem's periodic reports, including the annual
report on Form 10-K for the year ended December 31, 2008.
Source: Neuralstem, Inc.
Neuralstem, Inc.
Richard Garr, President
301-366-4960
or
Ina
McGuinness, Investor Relations
310-954-1100
or
Deanne
Eagle, Media
917-837-5866