EXHIBIT 99.1
FOR IMMEDIATE RELEASE Contact: Michael J. Jeffries
(732) 542-2800
December 12, 2000
NASDAQ Symbol: OSTE
FEDERAL COURT UPHOLDS OSTEOTECH'S
PATENT INTERPRETATION IN CASE AGAINST GENSCI
Osteotech Inc. today announced that the U.S. District Court for the Central
District of California, has adopted Osteotech's interpretation of claims in two
patents asserted by Osteotech against GenSci Orthobiologics, Inc. In this
lawsuit, commenced in January, 1998, Osteotech has asserted that GenSci's
Dynagraft putty and gel products infringe these Osteotech patents. The ruling
was issued on December 8, 2000, following a claims construction hearing, also
known as a Markman hearing, held on October 24 through 26, 2000.
"We are pleased that the Court has ruled in our favor on all of the claims
construction issues before it at this critical juncture in the lawsuit and we
are preparing for a trial of this matter which we expect will take place during
the first quarter of 2001," said Richard W. Bauer, Osteotech's Chief Executive
Officer. "We continue to believe that Osteotech will prevail on the merits of
this case."
Given the high level of interest in this case among Osteotech's shareholders, a
copy of the Court's Memorandum of Decision is available through Osteotech's
Investor Relations Department.
This press release contains forward-looking statements regarding Osteotech's
current expectation as to the outcome of this lawsuit and the timing of the
trial. Such forward-looking
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statements are subject to risks and uncertainties, including without limitation
the risks inherent in patent litigation and other factors detailed from time to
time in the Company's periodic reports (including the Annual Report on Form 10-K
for the year ended December 31, 1999 and the Form 10-Q for the third quarter of
2000) filed with the Securities and Exchange Commission. Actual outcomes could
differ materially from those expressed
Osteotech, Inc., headquartered in Eatontown, New Jersey, is a leading provider
of human bone and bone connective tissue for transplantation and an innovator in
the development and marketing of biomaterial and implant products for
musculoskeletal surgery.
