ImmuDyne, Biothera Continue Patent Fight

SAN ANTONIO, Texas—ImmuDyne and Biothera issued statements regarding the ongoing patent dispute between the companies, following a decision issued in the 285th Judicial District Court, Bexar County, Texas. Based on jury findings, a declaratory judgment issued by the court found ImmuDyne owns five specific U.S. patents (Nos. 5,223,491; 5,519,009; 5,397,773; 5,702,719; 5,705,184), Europatent 0500718 B1 and Canadian patent 2072145; and that any prior assignments of the patents by Biothera and its related companies are void. Further, Biothera was ordered to pay ImmuDyne $450,000 in existing attorney fees, and to pay any additional ImmuDyne attorney fees if Biothera appeals the case. According to Florence, Ky.-based ImmuDyne, the patents cover certain applications of yeast beta-glucan compounds, including NAYAD® and YB13G®.

In its statement, Eagan, Minn.-based Biothera noted it has more than 40 U.S. patents and patents pending; has a patent infringement lawsuit pending against ImmuDyne in federal court; and “is disappointed with the ruling in the Texas district court because it confuses the issue and will extend litigation over the rights of these patents.” Richard G. Mueller, Biothera’s president and CEO, also stated: “Biothera is highly confident that it will ultimately prevail in federal court and in Texas appellate court.”