Competitive Technologies Licenses Homocysteine Assay to Bayer

Bayer Homocysteine Assays Carry Pass-Through License to Customers

26-Oct-2004

Competitive Technologies, Inc. and Bayer HealthCare LLC, a member of the Bayer Group, announced that they have settled the patent case brought by CTT in Colorado Federal District Court alleging infringement of U.S. Patent Number 4,940,658 relating to homocysteine medical tests.

Under the accord reached, Bayer is granted a license under the CTT patent and will pay royalties on sales of Bayer homocysteine assays currently available on the ADVIA Centaur(R) Immunoassay System and the ACS: 180(R) SE Automated Chemiluminescence System.

Customers who purchase Bayer homocysteine assays will be covered by the Bayer license from CTT. Bayer customers such as hospital and commercial laboratories that have separate homocysteine licenses from CTT will be relieved of their obligation to pay royalty on reportable homocysteine results obtained using the Bayer assay by virtue of the royalty paid by Bayer to CTT.

Furthermore, the arrangement negotiated with CTT releases any obligation on the part of Bayer customers to pay royalties to CTT for homocysteine results obtained using Bayer assays in the past. And, CTT has agreed not to pursue royalties from any current or future Bayer customer with respect to past homocysteine results obtained using assays purchased from other diagnostic companies -- CTT intends to pursue such royalties against the supplier diagnostic companies directly and reserves its rights against these supplier diagnostics companies.

The settlement and license does not relieve Bayer customers for royalties on past or future assays for methylmalonic acid. Customers should contact CTT for a license to perform such assays.

The homocysteine patent is derived from discoveries made by CTT's clients, Drs. Robert Allen and Sally Stabler from the University of Colorado and the late Dr. John Lindenbaum from Columbia University.

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