Pharmastem Therapeutics, Incorporated v. Viacell, Incorporated et al

MOTION for Preliminary Injunction Against Viacell, Inc. Pursuant to 35 USC Section 283

D. Mass.January 7, 2005

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS PHARMASTEM THERAPEUTICS, INC., a Delaware corporation, Plaintiff, v. VIACELL, INC., a Delaware corporation, OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.A., and FEMPARTNERS, INC., a Delaware corporation, Defendants. Civil Action No.: 04-CV-11673-RWZ HEARING REQUESTED PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION AGAINST VIACELL, INC. PURSUANT TO 35 U.S.C. § 283 Plaintiff PharmaStem Therapeutics, Inc. (“PharmaStem”) hereby moves the Court to preliminarily enjoin defendant ViaCell, Inc. from infringement of PharmaStem's U.S. Patent Nos. 6,461,645 B1 and 6,569,427 B1, pursuant to 35 U.S.C. § 283 (hereinafter, the "Motion"). The Motion is supported by the accompanying Plaintiff's Memorandum of Reasons in Support of its Motion for a Preliminary Injunction Against ViaCell, Inc. Pursuant to 35 U.S.C. § 283, [Proposed] Order, and Declaration of Edward W. Little, Jr. (with attached exhibits). WHEREFORE plaintiff PharmaStem Therapeutics, Inc. respectfully requests that the Court allow its motion for a preliminary injunction against defendant ViaCell, Inc. and provide PharmaStem such other and further relief as this Court deems proper. Case 1:04-cv-11673-RWZ Document 41 Filed 01/07/2005 Page 1 of 3 2 Respectfully submitted, PHARMASTEM THERAPEUTICS, INC. By its attorneys, /s/ Edward W. Little, Jr. Daniel J. Kelly, B.B.O. # 553926 dkelly@ghlaw.com Edward W. Little, Jr., B.B.O. # 628985 elittle@ghlaw.com Gadsby Hannah LLP 225 Franklin Street Boston, MA 02110 617-345-7000 Paul J. Andre, CA Bar No. 196585 (pro hac vice) Lisa Kobialka, CA Bar No. 191404 (pro hac vice) Perkins Coie LLP 101 Jefferson Drive Menlo Park, CA 94025-1114 Telephone: (650) 838-4300 Facsimile: (650) 838-4350 Dated: January 7, 2004 REQUEST FOR ORAL ARGUMENT Because it believes that oral argument may assist the Court to render a full and fair decision on the merits of its motion, PharmaStem hereby respectfully requests a hearing on this motion. CERTIFICATION PURSUANT TO LOCAL RULE 7.1 The undersigned certify that counsel for plaintiff has conferred with counsel for defendant ViaCell, Inc. in an attempt, in good faith, to resolve or narrow the issues raised by and in this Motion, and that the parties were unable to resolve or narrow the issues. Case 1:04-cv-11673-RWZ Document 41 Filed 01/07/2005 Page 2 of 3 3 CERTIFICATE OF SERVICE I hereby certify that on this 7th day of January 2005, I have caused a true and accurate copy of the foregoing to be served upon counsel of record as follows: By e-mail notification: Elaine Hermann Blais eblais@goodwinproctor.com John C. Englander jenglander@goodwinproctor.com Paul F. Ware pware@goodwinprotor.com /s/ Edward W. Little, Jr. Edward E. Little, Jr. B0396845v1 53 6 Case 1:04-cv-11673-RWZ Document 41 Filed 01/07/2005 Page 3 of 3