Patent Suit Against Applied DNA Sciences is Dismissed
Plaintiff recovers nothing and is barred from further suits on patents at issue
Applied DNA Sciences, Inc. (OTCQB: APDN), (Twitter: @APDN), a provider of DNA-based anti-counterfeiting technology and product authentication solutions, announced today that a patent infringement suit brought against it by SmartWater, Ltd. (“SmartWater”) had been dismissed “with prejudice” by the United States District Court for the Eastern District of New York on September 29, 2014, after the plaintiff, SmartWater, Ltd. requested the dismissal.
In the court case, which was initially brought against APDN in 2012, APDN argued that none of its products infringed SmartWater’s patents, one of which had already expired, and that SmartWater’s claims lacked merit. During the course of the case, the Court dismissed certain infringement claims brought against APDN as a matter of law.
On June 11, 2014, SmartWater filed a motion to dismiss its remaining claims. On September 29, 2014,the Court dismissed SmartWater’s claims with prejudice. The dismissal “with prejudice” constitutes an adjudication on the merits. As part of the dismissal, the Court ordered that SmartWater is permanently barred from suing APDN or any other entity with respect to the patents at issue as it relates to APDN’s products or services. SmartWater recovered nothing from APDN as a result of its suit.
The case number of the suit is 2:12-cv-05731-JG-AKT.
About Applied DNA Sciences
APDN is a provider of botanical-DNA based security and authentication solutions and services that can help protect products,brands, entire supply chains, and intellectual property of companies, governments and consumers from theft, counterfeiting,fraud and diversion. SigNature® DNA describes the uncopyable marker that is at the heart of all of our security and authentication solutions. SigNature DNA is at the core of a family of products such as DNAnet®, our anti-theft product, SigNature T®, targeted toward textiles, and digital DNA®, providing powerful track and trace. All provide a forensic chain of evidence and can be used to prosecute perpetrators.
The statements made by APDN may be forward-looking in nature. Forward-looking statements describe APDN’s future plans,projections, strategies and expectations, and are based on assumptions and involve a number of risks and uncertainties, many of which are beyond the control of APDN. Actual results could differ materially from those projected due to our short operating history, limited financial resources, limited market acceptance, market competition and various other factors detailed from time to time in APDN’s SEC reports and filings, including our Annual Report on Form 10-K filed on December 20, 2013 (amended on May 1, 2014) and our subsequent quarterly reports on Form 10-Q/A (for the quarterly period ended December 31, 2013) andForm 10-Q for the quarterly periods ended March 31, 2014 and June 30, 2014. APDN undertakes no obligation to update publicly any forward-looking statements to reflect new information, events or circumstances after the date hereof to reflect the occurrence of unanticipated events.
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