13 Biotechnology Law Report 321 (Number 3, May-June 1994)

PROFESSIONAL PRACTICE

{BLR 1732} Insurance-

Patent Infringement.

PATENT INFRINGEMENT LIABILITY INSURANCE ...

— New Product from Lexington Insurance

BOSTON, MASS. 3/8/94—

The Lexington Insurance Company is making availablepatent infringement liability insurance that covers defense and indemnity costs in suits claiminginfringement by the U.S. operations of biotechnology and other firms. The claims-madepolicy, which may not be available in all states, provides $1 million limits of liability for claimexpenses and damages for lost past profits and royalties. The minimum premium is $25,000.

Noting that " [p]atent holders have litigated an increasing number of infringement claimsthat are often frivolous attempts to maintain market share," Company President Kevin H.Kelley noted that companies with substantial R&D investments may need to defendinfringement actions.

Lexington Insurance Company is located at 200 State St., Boston, MA 02109.

# # #

SCIENCE IN THE COURTS

{BLR 1733} Breast Implants-

Dow Corning-

Nir Kossovsky-

Silicone-

Structured Biologicals, Inc.

FIRST BLOOD TEST FOR SILICONE REACTIVITY—SBI's Test Announcement Coincides withDevelopments in Legal Action Against Breast ImplantManufacturers

LOS ANGELES, CAL. 3/8/94-

The first test capable of detecting an immuneresponse to silicone was announced today by Structured Biologicals International (SBI), a

privately held California company. The test, which at present is for research purposes only,was developed by Dr. Nir Kossovsky and his team at the UCLA Biotechnology BioreactivityCharacterization Laboratory.

Sticky Stuff

Silicones are polymers in which the usual structural unit is —R2SÍ-O—, with R in mostcases being a monovalent organic radical. Depending on the nature of R, the R:Si ratio, andthe molecular configuration, silicones have different physical properties that enable them to beused as lubricants, adhesives, chemical-release agents, plastics, and "silly putty," among manyothers. The ability of some silicone gels to mimic the density of human tissue led to their useas filler in testicular prostheses and

—

most famously—

breast implants.