Wednesday, September 17, 2008

PRESS RELEASE – FOR IMMEDIATE RELEASE

A large number of the world’s largest pharmaceutical companies have illegally used, and profited from, a groundbreaking patent stolen from Nogdan Immunochemicals Ltd., an Israeli biotech company

These pharmaceutical companies are now entangled in a legal dispute amounting to billions of dollars.

September 15, 2008 Tel Aviv, (Israel) – Nogdan Immunochemicals Ltd. and Mr. Roland Taieb, the exclusive owner of the patent’s marketing rights worldwide, announced today that many of the world’s largest pharmaceutical companies are embroiled in the legal dispute concerning their groundbreaking patent.

The illegal use of the patent, registered both in the Israel and US patent office, has enabled these pharmaceutical companies to enter the era of proteomics with great success and, through the use of this patent, generated billions of dollars in profits for the companies. Furthermore, it is estimated by analysts that their success will amount to hundreds of billions of dollars over the next ten years.

The patent is for a fiberglass gel that can isolate specific proteins in quantities a million times greater than most modern technologies and can create 100% fully human antibodies in a matter of hours, unlike the hybridoma method, which requires six to fourteen months.

In basic terms, the technology enables the detection of any kind of illness practically immediately and can forecast the probability of diseases years in advance, ensuring that a potential suffer can be cured before the disease becomes concentrated. Moreover, the technology obviates all the cross-reactions that cost laboratories millions of dollars.

Mr. Taieb, under an agreement signed on 15th February, 1994, has the sole rights for worldwide distribution and negotiating rights for the patent. The inventors of the patent, Prof. Igor (Itshak) Zusman (University of Rehovot) and Dr. Rivka Zusman, tried to rescind the agreement however Mr. Taieb objected to the notice of rescission of the Agreement and the matter was taken to court.

Unbeknownst to Mr. Taieb, in September 1995, Mr. Howard “Ted” Greene of Biosite, Amylin and Epimmune, with the active complicity of attorney Yair Greene of Jerusalem, counsel for Prof. Igor Zusman (University of Rehovot) and Dr. Rivka Zusman, together, they decided to steal the patent and consequently signed agreements with companies such as Novartis, IDM, Merck and Co., Elan, Pharmacia, Searle GD, Monsanto, Human Genome Sciences, and others, for the use of the patent, as is or as modified by any of them.

With these advantages in place, Biosite decided to list itself on NASDAQ on 12 February 1997, and Dr. Rivka Zusman came in person to sign before the S.E.C. on 24 January 1997. The authorization to use patent no. 5.869.409, property of the Nogdan Company, was illegal and larcenous.

In 1998, attorney Yair Green and the Zusmans presented a joint business plan under the name of ZVT Medical to raise a listing on NASDAQ, promising an annual revenue stream of $700M. Mr. Taieb discovered this deceitful action and immediately took out an injunction order against them in the District Court of Jerusalem. The original agreement between Mr. Taieb and Prof. Zusman (University of Rehovot) & Dr. Zusman was upheld and the attempt to rescind the agreement was determined to be unlawful.

The District Court of Jerusalem further prohibited the inventors of the patent and the company which they had formed from making any use of, acting on, gaining any benefits from or signing any documents with respect to the invention or development of it, and from production, marketing or distribution of an product or results, or rights therein, based on the invention or on developments of it. Furthermore, the court prohibited them from competing with Nogdan or Mr. Taieb via any other entity.

This ruling was further upheld by the Supreme Court of Israel on 29 May 2000.

Despite these rulings, Biosite continued to use the stolen patent and has had great success in combining the technology with that of Medrex / Genmab / Abgenix Amgen / Kirin Brewery. Together these companies signed hundreds of non-exclusive licensing contracts with 15% royalties for tens of new products now in the marketplace. These contracts and products will accumulate revenues of hundreds of billions of dollars over the next 10 years. In parallel, Epimmune renamed the stolen patent under the name of ‘Padre’ and thus signed several non exclusive licenses and partnerships with many pharmaceutical companies.

The scandal, which has taken years to come to light due to the obfuscation of Mr. Greene and his coconspirators, has exposed several hundred pharmaceutical companies including Abbott, Glaxo, Corixa, IDM, Novartis, Pfizer, Eli Lilly, Amylin, Monsanto, Genencor, Astra Zenecca, Elan, Amersham, Human Genome Sciences, DSM and others, to enormous indemnification costs.

In March 2007, Biosite was bought out by Inverness (Johnson & Johnson). Inverness was warned by official mail that they are liable for approximately $33B owed by Biosite to Nogdan at a rate of $3B per year for 11 years. To date, Inverness (J & J) have ignored any and all notifications, this despite knowing that the patent was stolen.

Furthermore, the Novartis Company, and its Director, Mr. Daniel Vasella, used the stolen patent from September 1995 and have amassed a fortune in profits. They are liable to Nogdan for tens of billions of dollars ($4B per year over 11 years). Novartis has remained deaf to all approaches.


Lawyers specializing in legal action related to patent infringements are invited to contact Nogdan Immunochemicals Ltd. and Roland Taieb.To pursue their claim, they want to enlist the services of a substantial amount of lawyers, of which 60% must be located in the US and 40% must be located in Europe and Japan. Compensation will be based on a 30% of the first $3 million, and 10% on additional received payments.
To offer your legal services of for more information please contact:
Mr. Roland Taieb Email: goulette@netvision.net.il

No comments: