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July 11, 2005

Federal jury rules against ACell
and for Cook Biotech and Purdue Research Foundation in patent infringement verdict

WEST LAFAYETTE, Ind. - A jury in the Federal Court for the Northern District of Indiana has found that Jessup, Md.-based ACell Inc.'s tissue-engineered biomaterial infringes a key tissue-engineering patent owned by Purdue Research Foundation and licensed to Cook Biotech.

The patent resulted from breakthrough tissue engineering discoveries in Purdue's Department of Biomedical Engineering. The patent is one in a portfolio of patents that covers numerous newly created medical products, which are manufactured by Cook Biotech at its facility in Purdue Research Park, located in West Lafayette. These products are being used worldwide to promote the restoration of damaged tissue in hard-to-heal skin wounds and as implants in many surgical procedures.

"We are very pleased with the jury's verdict. Our patents for extracellular matrix (ECM) scaffolds are an important part of our mission," said Joseph B. Hornett, the Purdue Research Foundation's senior vice president, treasurer and COO. "We also are pleased for our licensing partner, Cook Biotech, because this verdict enhances the standing of their products in an increasingly competitive environment."

The patent infringement case was originally filed in June 2003. Former ACell officers Alan Spievack and Stephen Badylak also were named as defendants in the case. The jury also found that Badylak and Spievack had intentionally induced ACell to infringe. Based on the verdict, Cook Biotech and Purdue Research Foundation will be seeking a permanent injunction to prevent further sales of Acell's product.

Purdue Research Foundation is responsible for Purdue University's technology-transfer program, the development of Purdue Research Park in West Lafayette, and the management of that park's business development services and flagship incubator. Home to the largest concentration of high-tech ventures in the state, the park, the state's first certified technology park, was named one of Indiana's top 25 Keepers (Inside Indiana Business with Gerry Dick and Indy Men's Magazine, 2005) and top research park in the country (Association of University Research Parks, 2004).

Cook Biotech Incorporated, founded in 1995 with shared ownership by Cook Group, Purdue Research Foundation and Methodist Hospital/Clarian, produces tissue-engineered biomaterials and is actively developing extracellular matrix (ECM) technologies for numerous medical purposes. Currently, the Cook companies market a variety of products utilizing some of Cook Biotech's patented ECM technologies, a tissue-engineered matrix derived from porcine tissues. This tissue-engineered biomaterial forms a natural, acellular scaffold that provides a framework for tissue repair. Cook has developed this ECM technology into a range of medical products that have helped tens of thousands of patients worldwide.

Contacts:

Madia Milks, corporate communications coordinator, Cook Biotech, (765) 807-1928, milks@cookbiotech.com

Dave McCarty, director public relations, Cook Group, (812) 339-2235, ext. 2387, dmccarty@cook-inc.com

Jeanine Phipps, media relations, Purdue Research Foundation, (765) 474-0748, (765) 409-2745 (mobile), jeanine@purdue.edu


* To the Purdue Research Park web site