Photogen two-steps into court

On June 19, Photogen declared it had acquired the ultrasound contrast media assets of Alliance Pharmaceutical. The next day the company announced it had filed a complaint against Amersham Health and related Amersham entities to enforce its newly acquired patent portfolio. The patents relate to Photogen's FDA-approved Imagent (perflexane lipid microspheres). The ultrasound contrast agent is used in patients with suboptimal echocardiograms to opacify the left ventricle. Imagent improves visualization of the ventricle and better delineates the endocardial borders of the heart. Photogen's complaint alleges that Amersham, principally through its Optison product, has infringed seven patents owned by Photogen. In the complaint filed in U.S. District Court in New Jersey, the company seeks damages and an injunction against Amersham, as well as a declaration by Amersham that the claims of 14 Amersham patents are invalid and are not infringed by Imagent, as alleged by Amersham in a separate suit.

Imagent will be marketed through the Imcor Pharmaceutical division of Photogen. Imcor featured the product at the meeting of the American Society of Echocardiography held in Las Vegas June 11 to 14. The ASE meeting served as a coming out for Photogen's newly acquired product. The deal, which included all manufacturing and marketing rights to Imagent, was announced in December (SCAN 12/25/02). It closed in late June.