Free Complaint - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

OSCIENT PHARMACEUTICALS CORPORATION and GUARDIAN II ACQUISITION CORPORATION, Plaintiffs, v. ANTARA BIOSCIENCES INC., Defendant.

: : : : : : : : : : :

CIVIL ACTION NO. ____________

JURY TRIAL DEMANDED

COMPLAINT FOR FEDERAL TRADEMARK INFRINTEMENT Plaintiffs, Oscient Pharmaceuticals Corporation ("Oscient") and Guardian II Acquisition Corporation ("Guardian"), in their complaint against Defendant, Antara Biosciences Inc. ("Antara Biosciences"), allege and state as follows:

THE PARTIES 1. Plaintiff Oscient is a company organized and existing under the laws of

the State of Massachusetts, having its principal place of business at 1000 Winter Street, Suite 2200, Waltham, MA 02451. 2. Plaintiff Guardian is a company organized and existing under the laws of

the State of Delaware, having its principal place of business at 1000 Winter Street, Suite 2200, Waltham, MA 02451. 3. Defendant Antara Biosciences is a company existing under the laws of the

State of Delaware, having its principal place of business at 2375 Garcia Avenue, Mountain View, CA 94043.

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JURISDICTION AND VENUE 4. This Court has jurisdiction over the subject matter of this action pursuant

to 15 U.S.C. § 1121, 28 U.S.C. §§ 1331 and 1338. The Court has jurisdiction over the state law claims pursuant to 28 U.S.C. § 1338(b) and 28 U.S.C. § 1367(a). 5. Venue is proper in this jurisdiction district pursuant to 28 U.S.C.

§ 1391(b) and (c) because Defendant is a Delaware corporation and transacts business in the State of Delaware. FACTUAL BACKGROUND 6. Oscient is a commercial-stage biopharmaceutical company. Since 2004,

Oscient has marketed and sold FDA-approved pharmaceutical products throughout the United States through its national sales force. 7. During 2001, Reliant Pharmaceuticals, Inc. ("Reliant") began developing

a cardiovascular formulation (fenofibrate) that came to be known as ANTARA. The ANTARA preparation was approved by the FDA on November 30, 2004 for use as a therapeutic treatment for hyperlipidemia (elevation of lipids in the blood), high blood cholesterol and high triglycerides. 8. On June 17, 2004 Reliant applied for federal trademark registration of the

mark ANTARA covering goods described as "pharmaceutical preparations for the treatment of cardiovascular conditions." The mark was published for opposition on October 25, 2005 and became registered on June 6, 2006 as U.S. Registration No. 3,101,801. See Exhibit "A." 9. On or about August 18, 2006 Oscient, as part of an eighty-two million

($82,000,000) acquisition, through a wholly-owned Delaware incorporated entity known as Guardian II Acquisition Corporation ("Guardian") purchased from Reliant the United States rights to the marketing and sale of ANTARA (fenofibrate) capsules, as part of a pharmaceutical -2#8434096 v7

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product franchise including all rights to the trademark ANTARA and all goodwill associated therewith. An assignment transferring ownership of the ANTARA mark and registration was executed on August 18, 2006 and recorded by the U.S. Patent and Trademark Office on September 27, 2006. See Exhibit "B." 10. Plaintiff Guardian is the owner of all right, title and interest to the

ANTARA trademark. Its parent company, Oscient, is the authorized user of the ANTARA trademark in interstate commerce and in commerce undertaken in this jurisdiction. 11. In 2006, sales of ANTARA branded products by Oscient in the United

States were in excess of forty million dollars $40,000,000. In 2007, sales under the ANTARA brand have been projected to amount to approximately fifty-five million ($55,000,000). 12. Since acquiring rights to the ANTARA Mark and product, Oscient has

invested millions of dollars in advertising and marketing the product to medical practitioners and cardiac patients throughout the U.S. See Exhibit "C. " 13. As a result of longstanding and extensive use and wide recognition among

medical practitioners and consumers of pharmaceutical products, Plaintiffs' ANTARA trademark has become distinctive as an indication of source of Plaintiffs' fenofibrate products. 14. As a result of the extensive and substantial advertising and sales of

products under the ANTARA trademark, and the maintenance of premium quality standards relating thereto, the ANTARA mark has become well and favorably known to the American public as the distinctive indication of origin for Oscient's fenofibrate products. 15. Upon information and belief, Defendant Antara Biosciences was

incorporated in Delaware on December 16, 2005.

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16.

Defendant has knowingly and willfully used the ANTARA and/or

ANTARA BIOSCIENCES marks/names in commerce, marks/names that are confusingly similar to Plaintiffs' ANTARA trademark, and appears likely to increase that use dramatically in the future. 17. Upon information and belief, Defendant recently adopted the ANTARA

and/or ANTARA BIOSCIENCES marks/names and is presently undertaking activities in the field of pharmacogenomics (the study of individual genetic differences in response to drug therapies). 18. Defendant maintains an active web site utilizing the domain name antara-

bio.com. Content posted on the web site states that Defendant's "mission is to (1) harness cutting edge technologies to make people healthier and safer; (2) produce innovative, robust and reliable products ..." See Exhibit D. 19. According to the records of the U.S. Patent and Trademark Office, on

December 11, 2006, Defendant Antara Biosciences filed nine applications seeking registration of the marks ANTARA, ANTARA BIOSCIENCES and ANTARA BIOSCIENCES and Design covering goods/services described as "scientific and technical apparatus" in International Class 9, "medical diagnostic apparatus" in International Class 10, and "scientific and technological services and related research and design" in International Class 42. The applications were based on Defendant's intent-to-use the marks in United States commerce. See Exhibit E. 20. Plaintiffs' June 11, 2004 constructive date of first use of the ANTARA

mark is well prior to any date of first use of ANTARA and/or ANTARA BIOSCIENCES that can be claimed by Defendant.

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21.

Upon learning of Defendant's applications for registration of the

ANTARA, ANTARA BIOSCIENCES and ANTARA BIOSCIENCES and Design marks, Plaintiffs, through counsel, contacted Defendant on January 22, 2007 requesting that Defendant cease using the confusingly similar ANTARA and/or ANTARA BIOSCIENCE marks/names. 22. Defendant responded by refusing to comply with Plaintiffs' request to

cease using the marks/names. 23. Consumers are likely to be confused by the similarity of Defendant's use

of the ANTARA and ANTARA BIOSCIENCES marks in the field of medical and diagnostic devices and pharmacogenomic-related research services and Oscient's ANTARA mark for pharmaceutical products. Furthermore, consumers are likely to mistakenly believe that Defendant's ANTARA and ANTARA BIOSCIENCES marks/names are manufactured by, developed by, related to, endorsed by and or sponsored by Plaintiffs due to their use of the ANTARA mark on pharmaceutical products. 24. By and through the aforementioned activities, Defendant is engaged in the

unlawful use of the ANTARA and ANTARA BIOSCIENCE marks/names in commerce.

COUNT I FEDERAL TRADEMARK INFRINGEMENT 25. Plaintiffs repeat and re-allege each and every allegation of paragraphs 1

through 24 as though fully set forth herein. 26. Oscient, through its wholly owned subsidiary, Guardian, is the exclusive

user of the federally registered ANTARA trademark and is the prior user of the ANTARA mark in connection with pharmaceutical and medical-related products in the United States.

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27.

The federally registered ANTARA trademark identifies the source of

Plaintiffs' pharmaceutical products. 28. Defendant has used the ANTARA and/or ANTARA BIOSCIENCES

marks/names in interstate commerce in association with the offering and rendering of "scientific and technological services and related research and design" services is currently using the foregoing marks/names. 29. Defendant's unlawful acts constitute trademark infringement in violation

of the Lanham Act, 15 U.S.C. § 1114. 30. Defendant's knowing and unauthorized use of ANTARA and/or

ANTARA BIOSCIENCES marks/names that are confusingly similar to the ANTARA trademark is likely to cause confusion or to cause a mistake or to deceive the purchasing public and constitutes trademark infringement in violation of the Lanham Act, 15 U.S.C. §§ 1051 through 1137, specifically § 32(a) of the Lanham Act, 15 U.S.C. § 1114. 31. As a direct consequence of Defendant's unlawful acts and conduct,

Plaintiffs have suffered and will continue to suffer damage to their business, reputation and goodwill for which Plaintiffs are entitled to relief. 32. By reason of Defendant's unlawful acts and practices, Defendant has

caused, is causing and, unless such acts are enjoined by the Court, will continue to cause irreparable harm to Plaintiffs for which there is no adequate remedy at law, and for which Plaintiffs are entitled to injunctive relief. COUNT II FEDERAL UNFAIR COMPETITION 33. Plaintiffs repeat and re-allege each and every allegation of paragraphs 1

through 32 as though fully set forth herein.

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34.

Defendant's use of the ANTARA and/or ANTARA BIOSCIENCES

marks/names in connection with medical and pharmaceutical-related products and services is likely to cause confusion or to cause a mistake or to deceive as to affiliation, connection or association and constitutes false designation of origin within the meaning of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). 35. The aforesaid acts constitute federal unfair competition in violation of

§ 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). 36. As a direct consequence of Defendant's unlawful acts and practices,

Plaintiffs have suffered, will continue to suffer and/or is likely to suffer damage to their business reputation and goodwill, for which Plaintiffs are entitled to relief. 37. By reason of Defendant's unlawful acts and practices, Defendant has

caused, is causing and, unless such acts are enjoined by the Court, will continue to cause irreparable harm to Plaintiffs for which there is no adequate remedy at law and for which Plaintiffs are entitled to injunctive relief. COUNT III DELAWARE STATUTORY DECEPTIVE TRADE PRACTICES 38. Plaintiffs repeat and reallege each and every allegation of paragraphs 1

through 37 as though fully set forth herein. 39. Defendant's use and promotion of the ANTARA and/or ANTARA

BIOSCIENCES marks/names in connection with medical and pharmaceutical-related products and services in the United States and in this jurisdiction constitutes, inter alia, a passing off of its goods/services; causes a likelihood of confusion or of misunderstanding as to the source, sponsorship, approval of its goods/services; causes a likelihood of confusion or of misunderstanding as to affiliation, connection, or association with another; represents that its

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goods/services have sponsorship or approval that they do not have; engages in conduct which similarly creates a likelihood of confusion or of misunderstanding within the meaning of the Uniform Deceptive Trade Practices Act as enacted at 6 Del. C. § 2532. 40. As a direct consequence of Defendant's unlawful acts and practices,

Plaintiffs have suffered and will continue to suffer damage to their business reputation and goodwill, for which Plaintiffs are entitled to relief. 41. By reason of Defendant's unlawful acts and practices, Defendant has

caused, is causing and, unless such acts are enjoined by the Court, will continue to cause irreparable harm to Plaintiffs for which there is no adequate remedy at law and for which Plaintiffs are entitled to injunctive relief.

WHEREFORE, Plaintiffs request the following relief: A. That Defendant, its officers, directors, shareholders, principals, agents,

servants, employees, attorneys and related companies, and all persons in active concert or participation with one or more of them, be preliminarily and permanently enjoined and restrained from unlawfully using the ANTARA and ANTARA BIOSCIENCES marks/names and any mark/name that is confusingly similar to ANTARA in connection with any and all biological/medical/pharmaceutical-related goods and services. B. That this Court award Plaintiffs damages adequate to compensate

Plaintiffs for Defendant's acts of trademark infringement and unfair competition. C. be proven at trial. That Plaintiffs be awarded actual damages and lost profits in an amount to

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D. infringing acts. E.

That Defendant be required to account for any profits attributable to their

That Plaintiffs be awarded the greater of three times Defendant's profits or

three times any damages sustained by Plaintiffs and prejudgment interest. F. G. That punitive damages be awarded to Plaintiffs. That all products, labels, signs and advertisements in Defendant's

possession bearing the ANTARA and/or ANTARA BIOSCIENCES marks/names or any confusingly similar word, term, name, symbol, device or combination thereof that is found in violation of the Lanham Act or any reproduction, counterfeit, copy or simulation thereof shall be delivered up by Defendant and destroyed. H. Defendant be required to pay Plaintiffs' costs of this action together with

reasonable attorneys' fees and disbursements. I. just and proper. Plaintiffs be awarded such other and further relief as the Court may deem

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EXHIBIT "A"

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EXHIBIT "B"

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EXHIBIT "C"

ANTARA: Lower Your Cholesterol Today

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How ANTARA Works
Screening Tool Treatment Tracker Lifestyle Tips Learn how treatment with ANTARA makes HDL-C (the good cholesterol) go up and triglycerides go "down under." Find out more about how ANTARA Can Help. Ask your doctor whether ANTARA may be right for you.

More About Cholesterol
Understanding the ups and downs of the various types of cholesterol can be confusing. As you learn more about cholesterol, you'll see how important treatment can be. Sign up for email updates today!

Site Map | Contact Us | Glossary of Terms

Important Safety Information ANTARA is indicated as adjunctive therapy to diet to reduce elevated LDL-C, total-C, triglycerides, and apo B, and to increase HDL-C in adult patients with primary hypercholesterolemia or mixed dyslipidemia (Fredrickson Types IIa and IIb). ANTARA is also indicated as adjunctive therapy to diet for treatment of adult patients with hypertriglyceridemia (Fredrickson Types IV and V hyperlipidemia). Lipid-altering agents should be used in addition to a diet restricted in saturated fat and cholesterol when response to diet and nonpharmacologic intervention alone has been inadequate.1 Improving glycemic control in diabetic patients showing fasting chylomicronemia will usually reduce fasting triglycerides and eliminate chylomicronemia thereby obviating the need for pharmacologic intervention. Markedly elevated levels of serum triglycerides (eg, >2,000 mg/dL) may increase the risk of developing pancreatitis. ANTARA therapy on reducing this risk has not been studied.1 ANTARA is contraindicated in patients with hypersensitivity to fenofibrate, in patients with hepatic or severe renal dysfunction including primary biliary cirrhosis, in patients with unexplainedpersistent liver function abnormality, and in patients with preexisting gallbladder disease. Fenofibrate has been associated with increases in serum transaminases. Regular periodic monitoring of liver function should be performed, for duration of therapy, and therapy discontinued if enzyme levels persist above 3 times the normal limit. Fenofibrate may increase cholesterol excretion into the bile, leading to cholelithiasis. If cholelithiasis is suspected, ANTARA therapy should be discontinued. ANTARA may increase the effects of coumarin-type anticoagulants. Dosage adjustment based on frequent prothrombin time/INR determinations is advisable. Adverse events most frequently observed in clinical trials: abnormal liver function tests; respiratory disorder; abdominal pain; back pain; and headache.1

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ANTARA may occasionally be associated with pancreatitis, hypersensitivity reactions, and hematologic changes. Please see PRECAUTIONS section of Full Prescribing Information.1 Reference 1. ANTARA Prescribing Information. Waltham, MA Oscient Pharmaceuticals, Inc; 2005. Please see full prescribing information. This website and the information contained herein is intended for use by US residents only. © 2006 Oscient Pharmaceuticals, Inc. All Rights Reserved

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EXHIBIT "D"

Antara Biosciences, Inc.

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unlimited horizons
Antara BioSciences Inc. is focused on the development, manufacture and sale of electrochemical chip-based nucleic acid detection and in vitro diagnostic products. Antara brings to market a proprietary diagnostics platform which replaces traditional detection methods with a pioneering combination of standard molecular biological techniques and electrochemical detection. Antara's platform eliminates the need for sample labeling or amplification. Our platform allows our customers to use standard methods and reagents, thereby eliminating long ramp up times and the need to redesign existing research programs.

open diagnostics platform

© 2006 Antara Biosciences, Inc. All rights reserved.

terms | privacy policy | contact us | directions | sitemap

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About Us - Antara Biosciences, Inc.

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Mission Statement
Antara's mission is to (1) harness cutting edge technologies to make people healthier and safer; (2) produce innovative, robust and reliable products; and (3) earn and hold the respect and loyalty of our customers by providing products of the greatest possible quality and value to them.

electrochemical chip-based nucleic acid detection

company overview technology overview management team intellectual property careers contact us

© 2006 Antara Biosciences, Inc. All rights reserved.

terms | privacy policy | contact us | directions | sitemap

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Technology Overview - Antara Biosciences, Inc.

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Novel Electrochemical Chip Technology
Proprietary electrochemical detection methodology allows rapid detection capability without sample labeling or amplification. Our systems provide equivalent or significantly higher sensitivity than currently available methods.[1] Additionally, our methodology enables shorter analysis times than currently available methods -- as low as 15 min. Run times vary depending on the specific application.[2] Antara's researchers, staff and management are dedicated to achieving the best possible results for its customers working in diverse research programs including human in vitro diagnostics [3], drug discovery, applied pharmacology, bioeffectiveness and pharmacogenomics.
q

novel electrochemical chip technology

technology overview open platform custom content reagents proprietary applications integrated RFID

Open Platform instruments and reagents (chips, chemistry, etc.) Custom Content Reagents Proprietary Application Development Integrated RFID-based chip/sample tracking

q

q

q

1. The sensitivity achieved is typically application dependent. 2. Typical run times on the order of 30­90 minutes are common. 3. Antara does not currently sell any FDA-approved diagnostics and will seek appropriate FDA reguatory approval for its in vitro diagnostics products as they are developed.

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© 2006 Antara Biosciences, Inc. All rights reserved.

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Affiliates - Antara Biosciences, Inc.

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··· Clinical Laboratories of Hawaii ··· Eurus Genomics ··· Genesys Technologies, Inc. ··· Toshiba Corporation

© 2006 Antara Biosciences, Inc. All rights reserved.

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News - Antara Biosciences, Inc.

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May 1, 2006 Antara BioSciences Moves into its New Facilities

March 10, 2006 Toshiba Licenses Key DNA Chip Patents to Antara

© 2006 Antara Biosciences, Inc. All rights reserved.

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Contact Us - Antara Biosciences, Inc.

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Antara Biosciences, Inc.
2375 Garcia Avenue Mountain View, CA 94043 [email protected] Inquiries Antara welcomes inquiries concerning our products, technologies and services. For more information please contact us at: [email protected].
careers contact us directions

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Contact Us - Antara Biosciences, Inc.

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Technology - Open Platform - Antara Biosciences, Inc.

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The Philosophy of Antara's Open Platform Instruments and Reagents
You should not be required to change or adapt your research program just to be able to use an instrument or tool -- the instrument should be adaptable to your research. Our systems have been designed as an "open platform" meaning they are readily adaptable to most research programs, employing standard and commonly used reagents, methodologies and protocols. The Antara system has three basic elements: 1. The Quantum IQ (Q-IQ)TM Electrochemical Analyzer 2. Universal Q-IQTM Electrochemical Chips 3. Customizable NA-BP reagents

novel electrochemical chip technology

technology overview open platform custom content reagents proprietary applications integrated RFID

© 2006 Antara Biosciences, Inc. All rights reserved.

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Custom Content Reagents - Antara Biosciences, Inc.

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Antara's Custom Content Reagents
Most researchers do not have the time nor the desire to customize their own chips. Understanding these time and resource constraints, we have assembled a highly proficient team that specializes in diagnostic/experiment design and chip customization. We can design and implement the reagents and methodologies you will need to get your work done, including using standard reagents used in the laboratory and applying them to the Antara system. Our custom application scientists are world-class with respect to their educational backgrounds, experience and technical qualifications. We welcome the opportunity to work with you to achieve your research goals. >> for more information

novel electrochemical chip technology

technology overview open platform custom content reagents proprietary applications integrated RFID

© 2006 Antara Biosciences, Inc. All rights reserved.

terms | privacy policy | contact us | directions | sitemap

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Proprietary Application Development and Exclusive Field of Use Rights - Antara Biosciences, Inc.

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Proprietary Application Development and Exclusive Field of Use Rights
Antara was co-founded by one of the leading patent attorneys in the fields of biotech and in vitro diagnostic patent law. As such, our corporate philosophies are in tune with the competitive environment in which our customers work; your need to protect your market rights and, where possible, to preclude your competitors from encroaching upon your valuable market share. We offer proprietary application development and exclusive field of use rights to enhance the value of our products and services and to provide the market value you deserve. Exclusive sales are available for most fields of use, specific applications and specific target detection. >> for more information

novel electrochemical chip technology

technology overview open platform custom content reagents proprietary applications integrated RFID

© 2006 Antara Biosciences, Inc. All rights reserved.

terms | privacy policy | contact us | directions | sitemap

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Integrated RFID-Based Chip/Sample Identification & Tracking - Antara Biosciences, Inc.

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Integrated RFID-Based Chip/Sample Identification & Tracking
Antara does not believe in just getting things done -- it believes they should be done as well as possible. We are constantly striving to improve both our products and the field of diagnostics in general. To this end, we have developed an integrated RFID-based sample tracking system that provides numerous benefits to our customers' business efforts. Each Antara Universal Electrochemical Chip can be uniquely identified through an integrated RFID tag located within the chip's plastic housing. At the time of chip derivatization, the tag can be encoded with information such as lot number, technician idenity, reagents employed, date of manufacture, etc. These RFID tags provide a facile means of enhancing your manufacturing, storage and shipping methods. More importantly, when placed within the Antara Q-IQTM instrument, the RFID tag is automatically read, allowing the encoded information to automatically populate the relevant fields of the data output (electronic and/or hard copy), thereby reducing the frequency of operator input error as well as providing unambiguous product identification for our professionals in the unlikely case of the need to troubleshoot your results. The customizable nature of the RFID tags allows you to encode whatever unique information your business requires and provides a cost-effective way to increase the efficiency and integrity of your testing activities.

novel electrochemical chip technology

technology overview open platform custom content reagents proprietary applications integrated RFID

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Integrated RFID-Based Chip/Sample Identification & Tracking - Antara Biosciences, Inc.

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terms | privacy policy | contact us | directions | sitemap

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EXHIBIT "E"

Trademark Electronic Search System (TESS)

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United States Patent and Trademark Office
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Word Mark

ANTARA BIOSCIENCES

Goods and Services IC 010. US 026 039 044. G & S: Medical diagnostic apparatus Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Search Code 01.01.06 - Stars with rays or radiating lines 01.09.05 - Atomic models; Molecular models 01.09.25 - Asteroids; Atoms; Meteors 01.15.04 - Explosions; Fireworks display; Sparks Serial Number Filing Date 77061718 December 11, 2006

Current Filing Basis 1B Original Filing Basis 1B

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Trademark Electronic Search System (TESS)

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Owner Attorney of Record Type of Mark Register

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(APPLICANT) ANTARA BIOSCIENCES INC. CORPORATION DELAWARE 2375 Garcia Avenue Mountain View CALIFORNIA 94043 Therese Finan TRADEMARK PRINCIPAL

Description of Mark The mark consists of Expanding horizon design plus word mark.

Live/Dead Indicator LIVE

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United States Patent and Trademark Office
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Word Mark

ANTARA BIOSCIENCES

Goods and Services IC 009. US 021 023 026 036 038. G & S: Scientific and technical apparatus Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Search Code 01.01.06 - Stars with rays or radiating lines 01.09.05 - Atomic models; Molecular models 01.09.25 - Asteroids; Atoms; Meteors 01.15.04 - Explosions; Fireworks display; Sparks Serial Number Filing Date 77061714 December 11, 2006

Current Filing Basis 1B Original Filing Basis 1B

http://tess2.uspto.gov/bin/showfield?f=doc&state=1v14hi.2.5 (1 of 2)5/4/2007 12:04:26 PM

Trademark Electronic Search System (TESS)

Case 1:07-cv-00249-GMS
Owner Attorney of Record Type of Mark Register

Document 1-6

Filed 05/04/2007

Page 5 of 19

(APPLICANT) ANTARA BIOSCIENCES INC. CORPORATION DELAWARE 2375 Garcia Avenue Mountain View CALIFORNIA 94043 Therese Finan TRADEMARK PRINCIPAL

Description of Mark The mark consists of Expanding horizon design plus word mark.

Live/Dead Indicator LIVE

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Trademark Electronic Search System (TESS)

Case 1:07-cv-00249-GMS

Document 1-6

Filed 05/04/2007

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Word Mark

ANTARA BIOSCIENCES

Goods and Services IC 042. US 100 101. G & S: Scientific and technological services and related research and design. FIRST USE: 20060331. FIRST USE IN COMMERCE: 20060331 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Search Code 01.01.06 - Stars with rays or radiating lines 01.09.05 - Atomic models; Molecular models 01.09.25 - Asteroids; Atoms; Meteors 01.15.04 - Explosions; Fireworks display; Sparks Serial Number Filing Date 77061710 December 11, 2006

Current Filing Basis 1A Original Filing Basis 1A

http://tess2.uspto.gov/bin/showfield?f=doc&state=1v14hi.2.6 (1 of 2)5/4/2007 12:04:39 PM

Trademark Electronic Search System (TESS)

Case 1:07-cv-00249-GMS
Owner Attorney of Record Type of Mark Register

Document 1-6

Filed 05/04/2007

Page 7 of 19

(APPLICANT) ANTARA BIOSCIENCES INC. CORPORATION DELAWARE 2375 Garcia Avenue Mountain View CALIFORNIA 94043 Therese Finan SERVICE MARK PRINCIPAL

Description of Mark The mark consists of Expanding horizon design plus word mark.

Live/Dead Indicator LIVE

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Trademark Electronic Search System (TESS)

Case 1:07-cv-00249-GMS

Document 1-6

Filed 05/04/2007

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Word Mark Goods and Services Standard Characters Claimed Mark Drawing Code Design Search Code Serial Number Filing Date Current Filing Basis Original Filing Basis Owner Attorney of Record

ANTARA BIOSCIENCES IC 010. US 026 039 044. G & S: Medical diagnostic apparatus (4) STANDARD CHARACTER MARK 77061704 December 11, 2006 1B 1B (APPLICANT) ANTARA BIOSCIENCES INC. CORPORATION DELAWARE 2375 Garcia Avenue Mountain View CALIFORNIA 94043 Therese Finan

http://tess2.uspto.gov/bin/showfield?f=doc&state=1v14hi.2.19 (1 of 2)5/4/2007 12:05:01 PM

Trademark Electronic Search System (TESS)

Case 1:07-cv-00249-GMS
Type of Mark Register Live/Dead Indicator TRADEMARK PRINCIPAL LIVE

Document 1-6

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Case 1:07-cv-00249-GMS

Document 1-6

Filed 05/04/2007

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Word Mark Goods and Services Standard Characters Claimed Mark Drawing Code Design Search Code Serial Number Filing Date Current Filing Basis Original Filing Basis Owner Attorney of Record

ANTARA BIOSCIENCES IC 009. US 021 023 026 036 038. G & S: Scientific and technical apparatus (4) STANDARD CHARACTER MARK 77061697 December 11, 2006 1B 1B (APPLICANT) ANTARA BIOSCIENCES INC. CORPORATION DELAWARE 2375 Garcia Avenue Mountain View CALIFORNIA 94043 Therese Finan

http://tess2.uspto.gov/bin/showfield?f=doc&state=1v14hi.2.20 (1 of 2)5/4/2007 12:05:12 PM

Trademark Electronic Search System (TESS)

Case 1:07-cv-00249-GMS
Type of Mark Register Live/Dead Indicator TRADEMARK PRINCIPAL LIVE

Document 1-6

Filed 05/04/2007

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Case 1:07-cv-00249-GMS

Document 1-6

Filed 05/04/2007

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Word Mark Goods and Services

ANTARA BIOSCIENCES IC 042. US 100 101. G & S: Scientific and technological services and related research and design. FIRST USE: 20060331. FIRST USE IN COMMERCE: 20060331 (4) STANDARD CHARACTER MARK 77061678 December 11, 2006 1A 1A

Standard Characters Claimed Mark Drawing Code Design Search Code Serial Number Filing Date Current Filing Basis Original Filing Basis

http://tess2.uspto.gov/bin/showfield?f=doc&state=1v14hi.2.21 (1 of 2)5/4/2007 12:05:25 PM

Trademark Electronic Search System (TESS)

Case 1:07-cv-00249-GMS
Owner Attorney of Record Type of Mark Register Live/Dead Indicator

Document 1-6

Filed 05/04/2007

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(APPLICANT) ANTARA BIOSCIENCES INC. CORPORATION DELAWARE 2375 Garcia Avenue Mountain View CALIFORNIA 94043 Therese Finan SERVICE MARK PRINCIPAL LIVE

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Trademark Electronic Search System (TESS)

Case 1:07-cv-00249-GMS

Document 1-6

Filed 05/04/2007

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Word Mark Goods and Services Standard Characters Claimed Mark Drawing Code Design Search Code Serial Number Filing Date Current Filing Basis Original Filing Basis Owner Attorney of Record

ANTARA IC 010. US 026 039 044. G & S: Medical diagnostic apparatus (4) STANDARD CHARACTER MARK 77061669 December 11, 2006 1B 1B (APPLICANT) ANTARA BIOSCIENCES INC. CORPORATION DELAWARE 2375 Garcia Avenue Mountain View CALIFORNIA 94043 Therese Finan

http://tess2.uspto.gov/bin/showfield?f=doc&state=1v14hi.2.22 (1 of 2)5/4/2007 12:05:38 PM

Trademark Electronic Search System (TESS)

Case 1:07-cv-00249-GMS
Type of Mark Register Live/Dead Indicator TRADEMARK PRINCIPAL LIVE

Document 1-6

Filed 05/04/2007

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Case 1:07-cv-00249-GMS

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Word Mark Goods and Services Standard Characters Claimed Mark Drawing Code Design Search Code Serial Number Filing Date Current Filing Basis Original Filing Basis Owner Attorney of Record

ANTARA IC 009. US 021 023 026 036 038. G & S: Scientific and technical apparatus (4) STANDARD CHARACTER MARK 77061658 December 11, 2006 1B 1B (APPLICANT) ANTARA BIOSCIENCES INC. CORPORATION DELAWARE 2375 Garcia Avenue Mountain View CALIFORNIA 94043 Therese Finan

http://tess2.uspto.gov/bin/showfield?f=doc&state=1v14hi.2.23 (1 of 2)5/4/2007 12:05:51 PM

Trademark Electronic Search System (TESS)

Case 1:07-cv-00249-GMS
Type of Mark Register Live/Dead Indicator TRADEMARK PRINCIPAL LIVE

Document 1-6

Filed 05/04/2007

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Trademark Electronic Search System (TESS)

Case 1:07-cv-00249-GMS

Document 1-6

Filed 05/04/2007

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Trademarks > Trademark Electronic Search System(Tess)
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Word Mark Goods and Services

ANTARA IC 042. US 100 101. G & S: Scientific and technological services and related research and design. FIRST USE: 20060331. FIRST USE IN COMMERCE: 20060331 (4) STANDARD CHARACTER MARK 77061782 December 11, 2006 1A 1A

Standard Characters Claimed Mark Drawing Code Design Search Code Serial Number Filing Date Current Filing Basis Original Filing Basis

http://tess2.uspto.gov/bin/showfield?f=doc&state=1v14hi.2.16 (1 of 2)5/4/2007 12:06:04 PM

Trademark Electronic Search System (TESS)

Case 1:07-cv-00249-GMS
Owner Attorney of Record Type of Mark Register Live/Dead Indicator

Document 1-6

Filed 05/04/2007

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(APPLICANT) ANTARA BIOSCIENCES INC. CORPORATION DELAWARE 2375 Garcia Avenue Mountain View CALIFORNIA 94043 Therese Finan SERVICE MARK PRINCIPAL LIVE

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http://tess2.uspto.gov/bin/showfield?f=doc&state=1v14hi.2.16 (2 of 2)5/4/2007 12:06:04 PM

Case 1:07-cv-00249-GMS

Document 1-7

Filed 05/04/2007

Page 1 of 1