Biothera’s Wins Patent Infringement Lawsuit Against Fenchem Enterprises

Lawsuit still pending against Norway’s Biotec Pharmacon ASA and Immunocorp.

EAGAN, MN – December 29, 2005 – A U.S. District Court has entered a judgment in favor of Biothera in its patent infringement lawsuit against Fenchem Enterprises, Ltd. The Court ordered the Chinese ingredient company to stop selling GreenShieldTM or any other yeast-derived beta glucan product in the U.S.

The ruling is the fourth patent lawsuit victory for Biothera, which has more than 40 U.S. patents and patents pending and has additional patents in more than 20 countries. The patents provide Biothera with the exclusive right to manufacture and sell yeast beta glucan as a dietary supplement in the U.S.

“The Court order protects our products and further strengthens our ability to defend against patent infringers,” said Richard Mueller, Biothera president and chief executive officer.

The Court order reads, in part:

“…judgment is entered against Fenchem Enterprises, Ltd. that it infringed Patent Nos. 4,962,094, 4,992,540, 5,037,972, 6,020,324, and 6,143,731 ("patents-in-suit") and that the patents-in-suit are valid. Fenchem and its officers, employees, successors, and assigns are enjoined them from making, using, importing, selling, or offering to sell GreenShield or any other yeast derived beta-glucan product in the United States that infringe the claims of the patents-in-suit.”

Biothera also has sued Biotec Pharmacon ASA, a Tromsø, Norway manufacturer of the immune health supplement Immutol®, and the product’s distributor, Immunocorp.

“The Fenchem case sets another legal precedent that sends a strong message to the marketplace,” said Daniel Conners, Biothera chairman and founder.

About Biothera, the Immune Health Company
Biothera is a biotechnology company dedicated to improving immune health. The company's primary focus is developing pharmaceuticals whose unique mechanism of action engages immune cells not normally involved in the fight against cancer. In addition, Biothera’s healthcare group manufactures and markets food-grade immune-enhancing ingredients for the nutritional supplement, functional food, cosmetic and the animal feed and nutrition markets.

David Walsh
VP, Communications
Biothera, the Immune Health Company
[email protected]

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