Advancis Pharmaceutical Submits Proposed Order in Corporate Name Infringement Lawsuit
2006年10月31日 - 9:15PM
PRニュース・ワイアー (英語)
Advancis Agrees to Transition from its Corporate Name by mid-2007
GERMANTOWN, Md., Oct. 31 /PRNewswire-FirstCall/ -- Advancis
Pharmaceutical Corporation (NASDAQ:AVNC), a pharmaceutical company
focused on developing and commercializing novel anti-infective
products, today announced that it has jointly submitted with
sanofi-aventis a proposed Permanent Injunction and Order to the
United States District Court for the District of Delaware, pursuant
to the Court's Opinion and Order ruling that Advancis' corporate
name is infringing the sanofi-aventis trademark. As previously
announced, the Court's decision, dated September 26, 2006, ruled in
favor of sanofi-aventis and deferred an injunction, requiring the
parties to jointly submit a proposed Order by October 23, 2006. No
monetary damages were associated with the decision, and the Company
does not believe there will be a significant financial impact
involved from complying with the Court's decision. On October 20,
2006, the parties asked for, and were granted, an extension to
submit the proposed Order until November 8, 2006. On October 27,
2006, Advancis jointly submitted a proposed Permanent Injunction
and Order to the Court. Should the Judge accept the proposed Order,
as expected, Advancis will surrender its trademark registrations
for the "Advancis" name, and, by June 30, 2007, the Company will
cease using the name in connection with its future business. "We
are gratified that we were able to reach a mutually acceptable
agreement with sanofi-aventis to resolve the trademark issue
without significant hardship or financial impact to Advancis," said
Edward M. Rudnic, Ph.D., president and CEO of Advancis. "We are
pleased to have an ample period of time to effect an orderly
transition to a new corporate identity, and have recently started
the process to select a new corporate name." In December 2003,
Aventis and Aventis Pharmaceuticals Inc., now part of
sanofi-aventis, brought an action against Advancis, alleging, in
essence, that the Advancis corporate name is infringing the
plaintiff's trademark and seeking injunctive relief. A trial was
held in May 2005. ABOUT ADVANCIS PHARMACEUTICAL: Advancis
Pharmaceutical Corporation is a pharmaceutical company focused on
the development and commercialization of anti-infective drug
products that fulfill substantial unmet medical needs in the
treatment of infectious disease. The Company is developing a
portfolio of anti-infective drugs based on its novel biological
finding that bacteria exposed to antibiotics in frontloaded
staccato bursts, or "pulses," are killed more efficiently and
effectively than those under standard treatment regimens. Based on
this finding, Advancis has developed a proprietary, once-a-day
pulsatile delivery technology called PULSYS. By examining the
resistance patterns of bacteria and applying its delivery
technologies, Advancis has the potential to redefine infectious
disease therapy and significantly improve drug efficacy, shorten
length of therapy, and reduce drug resistance versus currently
available antibacterial products. For more on Advancis, please
visit http://www.advancispharm.com/. This announcement contains
forward-looking statements within the meaning of Section 27A of the
Securities Act of 1933, as amended, and Section 21E of the
Securities Exchange Act of 1934, as amended. These statements are
based on Advancis' current expectations and assumptions. These
statements are not guarantees of future performance and are subject
to a number of risks and uncertainties that would cause actual
results to differ materially from those anticipated. The words,
"believe," "expect," "intend," "anticipate," "plan," "hope," and
variations of such words, and similar expressions identify
forward-looking statements, but their absence does not mean that
the statement is not forward-looking. Statements in this
announcement that are forward- looking include, but are not limited
to, statements about the Company's future development plans,
clinical trials, and financial results. The actual results realized
by Advancis could differ materially from these forward-looking
statements, depending in particular upon the risks and
uncertainties described in the Company's filings with the
Securities and Exchange Commission. These include, without
limitation, risks and uncertainties relating to the Company's
financial results and the ability of the Company to (1) reach
profitability, (2) prove that the preliminary findings for its
product candidates are valid, (3) receive required regulatory
approvals, (4) successfully conduct clinical trials in a timely
manner, (5) establish its competitive position for its products,
(6) develop and commercialize products that are superior to
existing or newly developed competitor products, (7) develop
products without any defects, (8) have sufficient capital resources
to fund its operations, (9) protect its intellectual property
rights and patents, (10) implement its sales and marketing
strategy, (11) successfully attract and retain collaborative
partners, (12) successfully develop, commercialize, and receive
market acceptance of its Keflex products, and (13) retain its
senior management and other personnel. Existing and prospective
investors are cautioned not to place undue reliance on these
forward-looking statements, which speak only as of today's date.
Advancis undertakes no obligation to update or revise the
information in this announcement, whether as a result of new
information, future events or circumstances or otherwise.
DATASOURCE: Advancis Pharmaceutical Corporation CONTACT: Robert
Bannon, Vice President, Investor Relations & Corporate
Communications, of Advancis Pharmaceutical Corporation,
+1-301-944-6710 or Web site: http://www.advancispharm.com/
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