Legal Opinion Reinforces Cobalis Patent
September 22 2005 - 9:30AM
PR Newswire (US)
IRVINE, Calif., Sept. 22 /PRNewswire-FirstCall/ -- Cobalis Corp.
(OTC:CLSC) (BULLETIN BOARD: CLSC) , a pharmaceutical biotech
company specializing in the development of anti-allergy
medications, announced that intellectual property attorneys Knobbe
Martens Olson & Bear LLP have issued an interpretation of the
company's most recent patent, defining its scope and outlining
strict areas of infringement. Cobalis currently is conducting
clinical trials and recently announced positive preliminary Phase
III clinical results for PreHistin(TM), the over-the-counter
anti-allergy medication the company is developing. Intended to be
taken before the onset of allergy season, PreHistin is designed to
prevent, rather than just relieve, allergy symptoms. U.S. Patent
No. 6,255,294, entitled "Cyanocobalamin (Vitamin B12) Treatment in
Allergic Disease," was issued to Cobalis on July 3, 2001 and
expires in 2019. According to the legal opinion, the scope of the
patent has 11 different claims covering methods for treating atopic
allergy in humans by delivering vitamin B12. Each of the claims
requires delivery of B12 to a mucus membrane, resulting in systemic
uptake of an effective allergy-opposing dose of B12. Various claims
also specify particular forms of dosage (such as lozenges, tablets,
etc.) and delivery to various tissues in the body, as well as
various treatment regimens and protocols. The patent also extends
to all the forms of vitamin B12. In terms of protection against
infringement, the legal opinion has found that: * Each of the 11
claims is considered separately in measuring infringement, and
infringement liability occurs even if only one of the claims is
infringed. * The doctrines of inducement of infringement and
contributory infringement provide an avenue for pursuing the
manufacturers or distributors of infringing product. If someone
markets a product for delivering B12 through mucus membranes to
treat atopic allergy, that person would be liable as an inducer of
infringement in the same manner as a direct infringer would be.
This doctrine covers labeling, as well as instructions provided
verbally or on a Website. Anyone adopting the anti-allergy claims
for an effective mucosal B12 product approved for the Cobalis label
could be considered to induce infringement, and would be liable for
monetary damages as well as injunctive relief. * Those who
manufacture or sell B12 products for transmucosal delivery in
concentrations that are effective to treat atopic allergy can be
liable as contributory infringers. Those who market the product but
do not adopt infringing labeling can still be liable for
infringement. * The term "atopic allergy" is used very broadly in
the patent, and should be considered to cover allergic rhinitis,
allergic asthma, food allergies, atopic migraine, dermatitis or
atopic skin disease. * To the extent that the Cobalis product
requires FDA approval, the mere submission of a non-disclosure
agreement (NDA) or ANDA by a third party is an act of infringement.
"The legal opinion outlines the strict patent protection that
PreHistin enjoys, clearly delineating the strength and security of
our future market position," said Chas Radovich, Cobalis CEO. "It
provides a strong foundation as we continue with the analysis of
our Phase III clinical data and work toward FDA approval." About
Cobalis Corp. -- PreHistin(TM) Headquartered in Irvine, California,
Cobalis Corp. is an over-the-counter pharmaceutical company. Its
flagship product, PreHistin(TM), designed to prevent the primary
cause of airborne allergies, is currently in Phase III clinical
trials and initial marketing in the U.S. will commence upon final
FDA marketing approval. The U.S. anti-allergy medication market was
$7.2 billion in 2003 and is expected to exceed $10 billion by 2010.
PreHistin(TM), "the world's first pre-histamine," has shown in
previous studies to modulate the body's level of the protein IgE,
reducing the overproduction of histamines, the primary cause of
airborne allergy symptoms. Prior studies have shown that the active
ingredient in PreHistin(TM) appears to have essentially no risks of
adverse effects to the general population, including sedation and
drowsiness found in many of the allergy products currently
available. For further information, please visit the Website at
http://www.cobalis.com/. Safe Harbor Safe Harbor Statement: To the
extent that any statements made in this press release contain
information that is not historical, these statements are
essentially forward-looking. Forward-looking statements can be
identified by the use of words such as "expects," "plans," "will,"
"may," "anticipates," "believes," "should," "intends," "estimates,"
and other words of similar meaning. These statements are subject to
risks and uncertainties that cannot be predicted or quantified and,
consequently, actual results may differ materially from those
expressed or implied by such forward-looking statements. Such risks
and uncertainties include, without limitation, the ability of the
Company to raise capital to finance the development of its Internet
services and related software, the effectiveness, profitability and
the marketability of those services, the ability of the Company to
protect its proprietary information and to retain and expand its
user base, the establishment of an efficient corporate operating
structure as the Company grows and, other risks detailed from
time-to-time in our filings with the Securities and Exchange
Commission. The Company undertakes no obligation to publicly update
any forward-looking statements. DATASOURCE: Cobalis Corp. CONTACT:
Tim Clemensen of Rubenstein IR, +1-212-843-9337, , or Michelle
Manoff of Rubenstein PR, +1-212-843-8051, ; or Chas Radovich of
Cobalis Corp., +1-949-757-0001, Web site: http://www.cobalis.com/
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