Histogen Wins Motion for Summary Judgment in Patent Case, Defeating SkinMedica’s Claims

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Court grants Histogen's motion for summary judgment of non-infringement of patents in the lawsuit filed by SkinMedica, finding that Histogen’s products do not infringe.

Histogen, Inc., a regenerative medicine company developing solutions based on the products of cells grown under simulated embryonic conditions, today announced that the United States District Court for the Southern District of California has granted the Company’s motion for summary judgment of non-infringement of patents in the lawsuit that SkinMedica, Inc. filed against Histogen in 2009.

In the ruling issued on November 21, 2011, the court addressed the patents in suit, United States Patent Nos. 6,372,494 (titled “Methods of making conditioned cell culture medium compositions”) and 7,118,746 (titled “Conditioned cell culture medium compositions and methods of use”). The court found that Histogen’s products do not infringe, and dismissed all of the patent infringement allegations against Histogen.

“After nearly three years of patent litigation, we are excited to have confirmation that Histogen’s technology is unique, and free from any patent rights that SkinMedica has,” said Dr. Gail K. Naughton, Histogen CEO and Chairman of the Board. “This outcome was signaled by the court in its claim construction order earlier this year, and we are happy to now have this matter officially behind us.”

Commenting on the Company’s business strategy going forward, Histogen President David Nassif stated, “The pathway is now clear for us to re-start our skin care business, using our proprietary conditioned medium in an array of cosmetic products. We are already talking with potential partners and distributors in a number of countries. Any residual litigation matters with SkinMedica will not prevent or delay us.”

The federal court in San Diego granted the motion in case 09-CV-122 JLS (NLS) following a hearing on November 4, 2011. A copy of the Order is available upon request.

About Histogen
Histogen, launched in 2007, seeks to redefine regenerative medicine by developing a series of high value products that do not contain embryonic stem cells or animal components. Through Histogen's proprietary bioreactors that mimic the embryonic environment, including low oxygen and suspension, newborn cells are encouraged to naturally produce the vital proteins and growth factors from which the Company has developed its rich product portfolio. Histogen has two product families – a proprietary liquid complex of embryonic-like proteins and growth factors, and a human Extracellular Matrix (ECM) material, ExCeltrix. For more information, please visit http://www.histogen.com.

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Eileen Brandt
Histogen, Inc.
(858) 200-9520 106
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