Complaint Filed Against PreMD in U.S. Court
October 20 2006 - 9:29AM
PR Newswire (US)
TORONTO, Oct. 20 /PRNewswire-FirstCall/ -- Predictive medicine
company PreMD Inc. (TSX: PMD; Amex: PME) ("PreMD") today announced
that it has been provided with a copy of a complaint filed against
PreMD in the United States District Court in Maryland on behalf of
Med-11 AG ("Med-11") and Dr. Abulkalam Shamsuddin ("Shamsuddin")
relating to an alleged breach by PreMD of its 1998 license
agreement with Shamsuddin, which is governed by the laws of the
Province of Ontario, pursuant to which Shamsuddin granted an
exclusive license to PreMD relating to certain intellectual
property involving part of PreMD's cancer products, which include
ColorectAlert(TM), LungAlert(TM) and a breast cancer test. PreMD
has been advised that Shamsuddin has transferred his interest in
the technology to Med-11 and that Shamsuddin has also purported to
transfer the license agreement to Med-11 without PreMD's consent.
In the complaint, Shamsuddin and Med-11 have made unsubstantiated
allegations that PreMD is in breach of certain terms of the
agreement, all of which are as yet unproven and are denied by
PreMD. While PreMD has previously provided detailed responses to
all allegations, which were provided to PreMD, it has received no
explanation of why the other parties disagree with PreMD's response
and why they have filed the complaint. PreMD believes that it is in
compliance with all of its obligations under the license agreement,
and that any purported termination is illegal. PreMD is currently
reviewing the Complaint and will take appropriate action. "Under
the terms of the agreement, Dr. Shamsuddin is required to maintain
a personal interest in the license agreement and has no legal right
to transfer the license agreement to Med-11 without PreMD's prior
consent, which consent was not sought and which PreMD has not
given. Over the past many years, we have enjoyed a good
relationship with Dr. Shamsuddin. He has sponsored presentations on
our behalf and approved of and supported our work. It is
unfortunate that a third party has become involved in a matter
relating to this IP. Moreover, PreMD vigorously denies the
allegations of breach made in the complaint, all of which PreMD
considers to be without merit," said Dr. Brent Norton, President
and Chief Executive Officer. The plaintiffs are seeking various
relief, including a declaration from the U.S. Court that PreMD has
breached the license agreement, seeking damages "well in excess of
US$1,000,000 in an amount to be determined at trial", declaring
that Med-11 is the beneficiary of the rights of Shamsuddin under
the license agreement, declaring that Med-11 is entitled to
terminate the agreement, and preventing PreMD from taking any
activity with regard to certain Licensed Products referred to in
the complaint. About PreMD PreMD Inc. is a world leader in
predictive medicine, dedicated to developing rapid, non-invasive
tests for the early detection of life-threatening diseases. PreMD's
cardiovascular products are branded as PREVU(x) Skin Sterol Test.
The company's cancer tests include ColorectAlert(TM), LungAlert(TM)
and a breast cancer test. PreMD's head office is located in
Toronto, and its research and product development facility is at
McMaster University in Hamilton, Ontario. For further information,
please visit http://www.premdinc.com/. For more information about
PREVU(x), please visit http://www.prevu.com/. This press release
contains forward-looking statements. These statements involve known
and unknown risks and uncertainties, which could cause the
Company's actual results to differ materially from those in the
forward-looking statements. Such risks and uncertainties include,
among others, the successful development or marketing of the
Company's products, the competitiveness of the Company's products
if successfully commercialized, the lack of operating profit and
availability of funds and resources to pursue R&D projects, the
successful and timely completion of clinical studies, product
liability, reliance on third-party manufacturers, the ability of
the Company to take advantage of business opportunities,
uncertainties related to the regulatory process, and general
changes in economic conditions. In addition, while the Company
routinely obtains patents for its products and technology, the
protection offered by the Company's patents and patent applications
may be challenged, invalidated or circumvented by our competitors
and there can be no guarantee of our ability to obtain or maintain
patent protection for our products or product candidates. Investors
should consult the Company's quarterly and annual filings with the
Canadian and U.S. securities commissions for additional information
on risks and uncertainties relating to the forward-looking
statements. Investors are cautioned not to rely on these
forward-looking statements. PreMD is providing this information as
of the date of this press release and does not undertake any
obligation to update any forward-looking statements contained in
this press release as a result of new information, future events or
otherwise. (x) Trademark DATASOURCE: PreMD Inc. CONTACT: Brent
Norton, President and CEO, Tel: (416) 222-3449 ext. 22, Email: ;
Ron Hosking, Chief Financial Officer, Tel: (416) 222-3449 ext. 24,
Email:
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