Gum Tech International, Inc. (Nasdaq: GUMM) and Gel Tech LLC, a joint venture between Gum Tech and BioDelivery Technologies, Inc., today announced that the United States District Court for the Eastern District of Pennsylvania, in an Order dated May 12, 2000, has certified three issues considered in its Order of April 19, 2000, for immediate appeal to the United States Court of Appeals for the Federal Circuit. The Court’s Order of April 19, 2000, denied Quigley’s motion for a preliminary injunction, filed as part of Quigley’s patent infringement lawsuit. The issues certified for appeal include issues relating to ‘standing,’ ‘new matter,’ and ‘double patenting.’ The United States Court of Appeals for the Federal Circuit considers appeals only in patent cases.
Brown Russell, Chairman of Gum Tech’s Board of Directors, said, “As noted in our earlier press release, Gum Tech and Gel Tech raised a number of complex issues of patent law in opposition to Quigley’s allegations of patent infringement at the hearing on the motion for preliminary injunction. Those issues could be dispositive of Quigley’s entire case. The Court, in its April 19, 2000 order, took special note of those ‘difficult issues,’ and in its May 12th Order, the Court reiterated that those issues ‘involve controlling questions of law as to which there is substantial ground for difference of opinion.’ We believe that this action by the Court indicates that legal support for Quigley’s position on the issues that have been certified for appeal is not as clear or as strong as Quigley has portrayed it.”
“Certification of the appeal does not affect the Court’s denial of Quigley’s motion for preliminary injunction. The Court certified for appeal only selected issues that are ‘controlling issues of law,’ which, if found in Gum Tech’s favor, are almost certainly dispositive of the litigation. If the appellate court finds in favor of Quigley, it means only that we will then proceed to trial.”
“Again, we are pleased that the Court has certified these three important issues for appeal. We continue to believe strongly that the Quigley lawsuit is without merit, and we hope to conclude the litigation through this appeal. If not, we will defend ourselves vigorously at a trial on the merits.”
For additional information, please contact Lynn Romero, Manager of Investor Relations, 602-252-1617, ext. 320, firstname.lastname@example.org.
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This news release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements are based on the company’s expectations and are subject to a number of risks and uncertainties, many of which cannot be predicted or quantified and are beyond the company’s control. Future events and actual results could differ materially from those set forth in, contemplated by, or underlying the forward-looking statements. Factors that could cause actual results to differ materially from the company’s expectations include unfavorable results in a trial on the merits or any decision on appeal. Other factors that could cause actual results to differ materially from the company’s expectations are described in the company’s reports filed pursuant to the Securities Exchange Act of 1934.