Xenogen to pay AntiCancer $1 million in lawsuit settlement

By Ted A. Knutson

Washington, March 13 - Xenogen Corp. said Monday it agreed on March 3 to pay AntiCancer, Inc. $1 million to settle a lawsuit alleging trade libel, defamation, intentional interference with contract, intentional interference with prospective economic advantage and unfair competition.

The original charges were based on alleged false statements made by unidentified employees and/or third parties regarding AntiCancer's products.

Neither Xenogen nor AntiCancer admits any wrongdoing or liability in connection with the settlement.

The suit was filed in 2001.

This settlement does not affect the patent infringement and declaratory judgment lawsuit filed in the U.S. District Court for the Southern District of California between Xenogen and AntiCancer.

The announcement was made in an 8-K filing with the Securities and Exchange Commission.

Xenogen is an Alameda, Calif.-based biotechnology company offering an integrated suite of biophotonic real-time in vivo imaging and genetic modification technologies.

AntiCancer is a San Diego-based biotechnology company.

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