STAMFORD, Conn. and SYDNEY, Australia, June 20, 2006 /PRNewswire-FirstCall via COMTEX/ -- The Vienna Commercial Court has found that Novogen's (NVGN) isoflavone invention and patent is novel and inventive.
The Court found APOtrend's menopause product Vitalady infringed Novogen's patent and the provisional injunction against Vitalady has been upheld. As a preliminary question the Court assumed the validity of Novogen's patent.
APOtrend is now required to retract all infringing Vitalady products from retail, wholesale and any other channels of sale.
Novogen's representative in Austria, Renate Moser, said that the Court decision was also a confirmation of the inventiveness of Novogen's patent.
"The Vienna Commercial Court findings are a reflection of similar patent success Novogen has experienced in Canada and USA. Novogen will continue to protect and enforce its intellectual property rights around the world for the benefit of users of nutritional supplements", Moser said.
The Company has provided a guarantee to the value of 250.000 Euros with the Austrian Court to confirm its commitment to the ongoing enforcement process.
Novogen believes the protection of Intellectual Property is a fundamental step in the development of high quality nutritional supplements with standardized active ingredients that are clinically supported for the benefit of consumers, health care professionals and retailers.
Novogen is an Australian based biotechnology company in the business of research and development of drugs derived from its phenolic technology platform. The Company manages its research and development programs utilizing the expertise and clinical research capabilities of universities and hospitals in Australia, USA and Europe. Novogen's drug program is researching and developing compounds for the treatment of cancer, cardiovascular disease and osteoarthritis. To date Novogen has had 51 patents granted and a further 240 patents are pending.
Novogen's consumer business has conducted the largest and most comprehensive isoflavone clinical testing program in the world. Novogen's consumer brands Promensil, and Trinovin are clinically supported, natural products for women and men's health. Patents supporting Novogen's consumer brands have been granted in USA, Europe, Canada and Australia.
Further information on the Novogen Group can be found at http://www.novogen.com.
Under U.S. law, a new drug cannot be marketed until it has been investigated in clinical trials and approved by the FDA as being safe and effective for the intended use. Statements included in this press release that are not historical in nature are "forward-looking statements" within the meaning of the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995. You should be aware that our actual results could differ materially from those contained in the forward-looking statements, which are based on management's current expectations and are subject to a number of risks and uncertainties, including, but not limited to, our failure to successfully commercialize our product candidates; costs and delays in the development and/or FDA approval, or the failure to obtain such approval, of our product candidates; uncertainties in clinical trial results; our inability to maintain or enter into, and the risks resulting from our dependence upon, collaboration or contractual arrangements necessary for the development, manufacture, commercialization, marketing, sales and distribution of any products; competitive factors; our inability to protect our patents or proprietary rights and obtain necessary rights to third party patents and intellectual property to operate our business; our inability to operate our business without infringing the patents and proprietary rights of others; general economic conditions; the failure of any products to gain market acceptance; our inability to obtain any additional required financing; technological changes; government regulation; changes in industry practice; and one-time events. We do not intend to update any of these factors or to publicly announce the results of any revisions to these forward-looking statements.