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Updated News Release to our U.S. customers 8/31/10:

OptiGen is reporting news regarding its legal claims against InGen, Rick Dobbins and other defendants whenever definitive progress has been made.  The following statement was approved jointly by OptiGen and DNA Diagnostics Inc., d/b/a Shelterwood Laboratories.  OptiGen is committed to protecting its intellectual property and will report other significant developments as they happen.
 

Joint Statement
 
OptiGen, LLC ("OptiGen") and DNA Diagnostics, Inc. d/b/a Shelterwood Laboratories ("Shelterwood") have resolved OptiGen's patent infringement and unfair competition claims against Shelterwood related to their testing of canine DNA for certain genetic disorders.  Melba S. Ketchum is the president and founder of Shelterwood.
 
In January and April 2009, OptiGen filed lawsuits arising out of the infringement of a number of patents to which OptiGen holds exclusive licenses.  The consolidated actions charged Shelterwood, among others, with infringement of patents related to the testing of PRCD (Progressive Rod-Cone Degeneration), CLAD (Canine Leukocyte Adhesion Deficiency), CSNB/prad (Congenital Stationary Night Blindness or Retinal Dystrophy), and FN (Autosomal Recessive Nephropathy).  The testing of these genetic disorders is covered by the following patents to which OptiGen holds exclusive licenses: U.S. Patent Nos. 5,804,388; 7,312,037; 7,285,388; 6,210,897; 6,201,114; and 6,428,958.
 
Shelterwood did DNA testing for certain of these disorders at the request of Richard Dobbins, the CEO of PinPoint DNA Technologies, Inc. and the General Manager of International Genetics, Inc. (also known as InGen). Mr. Dobbins, PinPoint and InGen are defendants in OptiGen's ongoing patent infringement lawsuits.
 
Shelterwood has agreed to settle OptiGen's claims.  Under the settlement, Shelterwood has, among other things, ceased any and all testing related to these patents and has agreed not to resume any such testing in the future.  Shelterwood regrets that its testing has caused confusion among the community of dog owners and breeders.
 
 
 
 
042290/00002 Litigation 7551303v1

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OptiGen®, LLC · Cornell Business & Technology Park · 767 Warren Road, Suite 300 · Ithaca, New York 14850
Tel: 607 257 0301 · Fax: 607 257 0353 · email: genetest@optigen.com or optigen@clarityconnect.com
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