$7m Awarded Against CellPro In Patent Case

A US federal court has determined that sales of CellPro's CEPRATE SCStem Cell Concentration System infringed patents covering CD34 monoclonal antibodies and purified stem cells held by Johns Hopkins University and licensed to Beckton Dickenson & Co and Baxter Healthcare Corp.

The judge said that CellPro's "motivation...was greed" and ordered it to pay $7 million in damages. CellPro is appealing the decision, saying that "there was a prior trial on the same issue in the same federal court in 1995 in which the jury vindicated CellPro completely."

The court also filed an Order for Permanent Injunction, which restricts CellPro's right to sell CEPRATE. CellPro is able to continue marketing its device until Baxter receives marketing clearance for Isolex 300, its stem cell separation system, provided that CellPro pays Baxter "not less than $2,000 per unit for each disposable component used for purposes other than Food and Drug Administration-sanctioned clinical trials."