Advanced Magnetics Says Cytogen Lawsuit Is Without Merit
January 27 2006 - 4:15PM
PR Newswire (US)
CAMBRIDGE, Mass., Jan. 27 /PRNewswire-FirstCall/ -- Advanced
Magnetics, Inc. (AMEX:AVM) today announced that Cytogen Corporation
filed a lawsuit on January 25, 2006 against the company in
Massachusetts Superior Court. The complaint includes claims of
breach of contract, breach of implied covenant of good faith and
fair dealing, fraudulent misrepresentation and unjust enrichment
related to a license and marketing agreement entered into in August
2000 between Advanced Magnetics and Cytogen granting Cytogen
certain rights to Combidex(R) and to ferumoxytol for oncology
imaging applications only. The company believes the lawsuit has no
merit and plans to conduct a vigorous defense of the claims set
forth in the complaint. Advanced Magnetics does not believe the
lawsuit will materially distract the company from its core mission
of bringing both ferumoxytol as an intravenous iron replacement
therapeutic and Combidex as an MRI contrast agent to market. About
Advanced Magnetics Advanced Magnetics, Inc. is a developer of
superparamagnetic iron oxide nanoparticles used in pharmaceutical
products. As a leader in our field, we are dedicated to the
development and commercialization of our proprietary nanoparticle
technology for use in therapeutic iron compounds to treat anemia,
as well as novel imaging agents to aid in the diagnosis of
cardiovascular disease and cancer. For more information about us,
please visit our website at http://www.advancedmagnetics.com/, the
content of which is not part of this press release. This document
contains forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995 and federal
securities laws. Any statements contained in this press release
that do not describe historical facts, including but not limited
to, statements regarding our belief that the Cytogen lawsuit is
without merit, our plan to conduct a vigorous defense of the claims
described in the complaint, and our belief that the lawsuit will
not materially distract us from our core mission, are
forward-looking statements that involve risks and uncertainties
that could cause actual results to differ materially from those
discussed in such forward-looking statements. Such risks and
uncertainties include the following: (1) uncertainties surrounding
the outcome of the Cytogen litigation; (2) the possibility that we
may not be able to successfully complete the clinical development
of ferumoxytol, or may not be able to complete the development in a
timely or cost-effective manner; (3) uncertainties surrounding the
timing and results of FDA interactions regarding the clinical
development of ferumoxytol and our ability to obtain regulatory
approval for ferumoxytol from the FDA; (4) the possibility that the
results of past ferumoxytol studies may not be replicated in future
studies; (5) the possibility that we may not be able to timely or
cost-effectively resolve the questions raised by the FDA and
satisfy the conditions specified for approval of Combidex,
including the provision of additional data or the conduct of
additional clinical trials to demonstrate the efficacy of Combidex;
(6) the possibility that we may not be able to raise additional
capital on terms and on a timeframe acceptable to us, if at all;
and (7) other risks identified in our Securities and Exchange
Commission filings. We caution readers not to place undue reliance
on any forward-looking statements which speak only as of the date
they are made. We disclaim any obligation to publicly update or
revise any such statements to reflect any change in expectations or
in events, conditions or circumstances on which any such statements
may be based, or that may affect the likelihood that actual results
will differ from those set forth in the forward-looking statements.
Contact: Lisa Gordon, VP of Business Development Advanced
Magnetics, Inc. (617) 497-2070 (x3024) First Call Analyst: FCMN
Contact: DATASOURCE: Advanced Magnetics, Inc. CONTACT: Lisa Gordon,
VP of Business Development at Advanced Magnetics, Inc.,
+1-617-497-2070, ext. 3024, Web site:
http://www.advancedmagnetics.com/
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