Cook Biotech and Purdue Research Foundation prevail against patent challenge from distributor of ACell products in Europe

Published: October 8, 2010

WEST LAFAYETTE, Ind. – A ruling against ScanVet Inc. in a patent challenge initiated in Denmark is now final and non-appealable. The challenge involved a European tissue graft patent granted to Purdue Research Foundation and exclusively licensed to Cook Biotech Inc.

The European patent is in force in Denmark and other European countries and covers breakthrough tissue engineering technology developed in Purdue University's Weldon School of Biomedical Engineering.

ScanVet is headquartered in Denmark and distributes ACell Vet, a graft product derived from natural tissue. ScanVet challenged the European patent in Denmark. The Danish Patent Office ruled against ScanVet, finding that the Purdue Research Foundation patent was valid, and ScanVet subsequently appealed. In April the Patent Appeals Board in Copenhagen upheld the Patent Office finding, ruling against ScanVet's assertion that the patent did not sufficiently describe tissue processing methods to encompass graft products including basement membrane. The opportunity to further appeal the decision has now passed with no appeal being filed.

The patent is one in a portfolio of patents that protects numerous newly created medical products that are manufactured by Cook Biotech at its facility in Purdue Research Park, located in West Lafayette, Ind. These products are being used worldwide to restore damaged tissue in hard-to-heal skin wounds and as implants in many surgical procedures.

"We are very pleased that the appeal board's decision is final. Our patents for medical tissue grafts are important to us and our licensing partner Cook Biotech," said Joseph B. Hornett, the Purdue Research Foundation's senior vice president, treasurer and COO.

Cook Biotech President Mark Bleyer added, "This is an important decision for Purdue and for our company. This European patent is in force not only in Denmark but also broadly across Europe and protects our growing markets there."

About Purdue Research Foundation

Purdue Research Foundation is responsible for Purdue University's technology-transfer program, the development of Purdue Research Park of West Lafayette, and the management of that park's business development services and flagship incubator. Home to the largest concentration of high-tech ventures in the state, the park is the state's first certified technology park. The Purdue Research Park is the largest university-affiliated research park in the United States. Its four locations serve 200 companies where 4,000 people are employed. In 2009 the park was named No. 1 in the country for "Regionalism and Cross-Border Collaboration" by the International Economic Development Council.

About Cook Biotech Inc.

Cook Biotech Inc., founded in 1995 with shared ownership by Cook Group, Purdue Research Foundation and Methodist Hospital/Clarian, produces tissue-engineered biomaterials and is actively developing extracellular matrix (ECM) technologies for numerous medical purposes. Currently, the Cook companies market a variety of products utilizing some of Cook Biotech's patented ECM technologies, a tissue-engineered matrix derived from porcine tissues. This tissue-engineered biomaterial forms a natural, acellular scaffold that provides a framework for tissue repair. Cook has developed this ECM technology into a range of medical products used in over a million patient treatments worldwide.

Contacts:
Cynthia Sequin, 765-588-3340, casequin@prf.org
Connie Beasor, 765-497-3355, cbeasor@cookbiotech.com

Sources:
Joseph B. Hornett, 765-588-1040, jbhornett@prf.org
Mark Bleyer, 765-497-3355, mbleyer@cookbiotech.com