Novogen Appeals Injunction Decision in the Netherlands
January 18 2006 - 8:34AM
PR Newswire (US)
STAMFORD, Conn. and SYDNEY, Australia, Jan. 18
/PRNewswire-FirstCall/ -- Novogen Limited (NASDAQ:NVGN) (ASX:NRT)
today announced that it had sought an injunction in the Netherlands
seeking to immediately enforce its phytoestrogen extracts patent EP
0 656 786 B1 "Use of isoflavone phyto- oestrogen extracts of soy or
clover," and that the injunction was not allowed. Novogen will
appeal and seek the immediate enforcement of its granted patent.
The Provisional Measures Judge in the Netherlands dismissed the
request for an injunction to enforce the patent prior to the
conclusion of the existing opposition proceedings that have been
lodged in Europe to this granted patent. A counterclaim sought by
the defendant in the injunction proceedings was also dismissed by
the judge, confirming that Novogen is entitled to uphold it's
patent rights. Novogen believes there are very strong grounds for a
successful appeal of the injunction proceedings and an appeal will
be filed by the end of January 2006 to seek an injunction to
activate the prompt enforcement of the patent. More information on
the Novogen group of companies can be found at
http://www.novogen.com/. Under U.S. law, a new drug cannot be
marketed until it has been investigated in clinical trials and
approved by the FDA as being safe and effective for the intended
use. Statements included in this press release that are not
historical in nature are "forward-looking statements" within the
meaning of the "safe harbor" provisions of the Private Securities
Litigation Reform Act of 1995. You should be aware that our actual
results could differ materially from those contained in the
forward-looking statements, which are based on management's current
expectations and are subject to a number of risks and
uncertainties, including, but not limited to, our failure to
successfully commercialize our product candidates; costs and delays
in the development and/or FDA approval, or the failure to obtain
such approval, of our product candidates; uncertainties in clinical
trial results; our inability to maintain or enter into, and the
risks resulting from our dependence upon, collaboration or
contractual arrangements necessary for the development,
manufacture, commercialization, marketing, sales and distribution
of any products; competitive factors; our inability to protect our
patents or proprietary rights and obtain necessary rights to third
arty patents and intellectual property to operate our business; our
inability to operate our business without infringing the patents
and proprietary rights of others; general economic conditions; the
failure of any products to gain market acceptance; our inability to
obtain any additional required financing; technological changes;
government regulation; changes in industry practice; and one-time
events. We do not intend to update any of these factors or to
publicly announce the results of any revisions to these
forward-looking statements. First Call Analyst: FCMN Contact:
DATASOURCE: Novogen Limited CONTACT: Christopher Naughton, Managing
Director of Novogen Limited, +011 (02) 9878 0088; or David Sheon of
SciWords, LLC, +1-202-518-6321, for Novogen Limited Web site:
http://www.novogen.com/
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