Supreme Court Confirms Major Victory for University of Colorado $58 Million Judgment Will Benefit Professors and School

DENVER (April 20, 2004) – The United States Supreme Court yesterday declined to review a decision affirming a $58 million dollar verdict in favor of the University of Colorado and two of its professors, ending a tortuous ten-year legal battle over a stolen invention.

Robert N. Miller of Perkins Coie LLP, former U.S. Attorney for Colorado and Weld County District Attorney, led the fight for plaintiffs. "This has been a long and costly saga for the University and two of its professors but it came to a very just and satisfying end," said Miller.

The case involved the invention by Dr. Robert Allen and Dr. Paul Seligman, two professors at the University of Colorado Health Sciences Center, of a method of improving iron absorption in prenatal supplements. American Cyanamid stole the invention and secretly obtained a patent on the professors' invention in 1984. The professors discovered the theft in 1993, triggering the case that bounced up and down through various courts until yesterday's final step by the Supreme Court.

The case was tried in 1996 in the United States District Court for the District of Colorado resulting in a $45 million judgment in favor of the University and the professors. American Cyanamid appealed the decision to the Federal Circuit Court of Appeals. The Federal Circuit reversed and remanded the case back to the United States District Court. In July 2002, the District Court issued a strongly written final opinion awarding the University and the professors a total of $58 million.

American Cyanamid again appealed to the Federal Circuit Court of Appeals. That Court affirmed the award to the University and the professors and subsequently denied American Cyanamid's petition for re-hearing en banc. American Cyanamid then filed a petition for Certiorari with the United States Supreme Court. That petition was denied on Monday, ending any further opportunity for appeal.

Pursuant to the University's patent policy, the money the University receives will be divided among the professors, their departments and the University.