Codon Devices and Blue Heron Biotechnology Announce Settlement of Dispute

CAMBRIDGE, Mass. & BOTHELL, Wash.--(BUSINESS WIRE)--Codon Devices, Inc., and Blue Heron Biotechnology, Inc., announced today that they have settled the dispute giving rise to the complaint filed by Codon Devices on March 14, 2007, in the Federal District Court for the District of Delaware regarding five U.S. patents. Four of the asserted patents are owned by Duke University (U.S. Patent Nos. 5,459,039; 5,556,750; 5,679,522 and 5,702,894) and one (U.S. Patent No. 5,750,335) is owned by the Massachusetts Institute of Technology. All five of the patents are exclusively licensed to Codon Devices.

“We are pleased that Blue Heron has taken a sublicense and acknowledged the importance of our patent portfolio”

As part of the settlement agreement, Codon Devices has granted a perpetual, fully-paid sublicense to Blue Heron to continue to use error correction technology as currently employed in its commercial gene synthesis activities, as well as a release with respect to Blue Herons past activity. Pursuant to the terms of the settlement agreement, Codon Devices will request that the Court dismiss the complaint with prejudice. Financial terms of the settlement agreement are not disclosed.

We are pleased that Blue Heron has taken a sublicense and acknowledged the importance of our patent portfolio, said Brian M. Baynes, Ph.D., President of Codon Devices.

This settlement clears the way for Blue Heron to continue to pursue its gene synthesis business, said John Fess, Chief Executive Officer of Blue Heron Biotechnology.

About Codon Devices

Codon Devices, Inc., based in Cambridge, MA, is a privately-held biotechnology company focused on enabling commercial applications of synthetic biology. Codon Devices' proprietary synthesis and design technologies improve the productivity of its industrial, pharmaceutical and academic customers in a paradigm shift to what the Company calls Constructive Biology. The Company's focus is on developing and delivering high-value products and design services in a variety of application areas, including engineered gene libraries, engineered cells that produce novel pharmaceuticals, improved vaccines, agricultural products, and biorefineries for the production of industrial chemicals and energy. Codon Devices' BioFAB Production Platform uses sophisticated informatics, robotics and sequencing technologies to accurately synthesize genetic codes orders of magnitude more rapidly and cost-effectively than other currently available technology. More information about Codon Devices is available at

About Blue Heron Biotechnology

Blue Heron Biotechnology, Inc., is a pioneer and leader in the gene synthesis market. Since its inception in 1999, Blue Heron Bio has synthesized over ten million base pairs of DNA for hundreds of life science research organizations including 19 of the 20 top life science companies. Whether a project requires one gene or thousands of genes, sequences of less than 100 base pairs or over 20,000 base pairs, Blue Heron Bio has the technology and the capacity to meet its customers needs. Blue Heron Bio's proprietary GeneMaker® technology provides access to complex DNA sequences that are difficult or impossible to synthesize with other methods. Customers choose Blue Heron Bio for reliability, customer service, the strength of its technology and its record of success. For more information, visit


Codon Devices, Inc.:
Yates Public Relations
Kathryn Morris, 845-635-9828
Blue Heron Biotechnology, Inc.:
Dorene Farnham, 425-368-4034

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