Subject: Vestar Shares Plunge On Liposome Charge Of Patent Violation Date: Published: 6/24/92 (55 lines) Source: Wall Street Journal. Copyright Dow Jones & Co. Inc. Vestar Shares Plunge On Liposome Charge Of Patent Violation ---- A Wall Street Journal News Roundup The share price of Vestar Inc. fell 10% after rival pharmaceutical concern Liposome Co. charged that Vestar's sole commercial product, an antifungal drug called AmBisome, infringes a Liposome patent. Vestar shares were quoted at $11.25, off $1.25, while Liposome shares were quoted at $8.75, up 12.5 cents, in national over-the-counter trading. In a lawsuit filed yesterday in federal court in Wilmington, Del., Liposome alleged that Vestar's infringement is "willful and deliberate." The suit seeks unspecified "profits" and triple damages. "We have never for one moment thought we were infringing" their patent, Roger J. Crossley, Vestar's president and chief executive officer, said in an interview. "We're kind of pleased to get this out in the open." Vestar, San Dimas, Calif., had previously disclosed the dispute and cautioned that litigation could damage the company. "In the event that any such claim is successful, the company's results of operations could be materially adversely affected. Moreover, the cost of litigating such a claim would be substantial," Vestar said in a stock offering prospectus dated Feb. 6. AmBisome, a treatment for cancer, AIDS, and other patients with damaged immune systems, is an antifungal drug encapsulated in submicroscopic spheres called liposomes. The liposomes fuse with and kill the fungus while protecting the patient from the drug's toxicity. AmBisome is sold in about 16 European countries and accounts for about 90% of Vestar's revenue. Last year, Vestar reported a net loss of $827,000, or 15 cents a share, on revenue of $15.9 million. In the first quarter, the company had income of $926,000, or six cents a share, on revenue of $6.6 million. Liposome, a pharmaceutical concern based in Princeton, N. J., is developing a number of drugs, including some using liposome technology. Liposome purchased a key patent covering "the dehydration of colloidal dispersions of liposomes" from the Battelle Memorial Institute in Columbus, Ohio, a spokeswoman said. Vestar said its patent is licensed from the University of California. [This article is made available here by Dow Jones Co. for the personal and non-commercial use of callers to this bbs, in the hope that it will be of some help to those who are suffering from the disease and others who are seeking to help them.]