PreMD Commences Action in Ontario Court
25 10월 2006 - 7:23AM
PR Newswire (US)
TORONTO, Oct. 24 /PRNewswire-FirstCall/ -- Further to its press
release of October 20, 2006, predictive medicine company PreMD Inc.
(TSX: PMD; Amex: PME) ("PreMD") today announced that it has
commenced an action in the Ontario Superior Court of Justice in
Toronto against Dr. Abulkalam K.M. Shamsuddin ("Shamsuddin"),
Stuart Brazier ("Brazier") and Med-11 AG ("Med-11") in connection
with its 1998 license agreement with Shamsuddin (the "License
Agreement"), 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. In the
action PreMD claims various relief, including: an injunction
preventing what PreMD states would be an unlawful termination of
the License Agreement by Shamsuddin, Brazier and Med-11; a
declaration that PreMD has not breached the License Agreement; a
declaration that any assignment by Shamsuddin to Med-11 of the
License Agreement, an amendment to the License Agreement and the
patents referred to in the License Agreement is void; a declaration
that Shamsuddin has breached the License Agreement; and damages for
breach of contract and breach of duty in the amount of C$2 million.
"Over the past many years, we have enjoyed what we believed was a
good relationship with Dr. Shamsuddin; he has sponsored
presentations on our behalf and approved of and supported our work.
However, in light of what we believe is the illegal assignment of
the License Agreement to Med-11, the unfounded claims that PreMD
has materially breached the License Agreement and the threats to
terminate the License Agreement, PreMD has no choice but to seek
the intervention of the Court," said Dr. Brent Norton, President
and Chief Executive Officer. 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/. 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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