ASX ANNOUNCEMENT 11 June 2009 Litigation with Inventor As announced at the Fermiscan AGM in May 2009, Dr James, the inventor of the Fermiscan patent “Using hair to Screen for Breast Cancer”, had filed a new patent using fingernails and skin instead of hair, and Fermiscan had received advice that the new patent is the property of Fermiscan and was pursuing the matter in the Supreme Court. On 29 May 2009 the Judge handed down his judgment which was that Dr James was not obliged to transfer that new patent to Fermiscan, and awarded costs against Fermiscan. Whilst the written judgment is still not available, Fermiscan, after receipt of Counsel’s advice, is lodging an appeal to the Full Court of the Supreme Court. That appeal was foreshadowed to the Judge at the time he delivered his judgment. Fermiscan will continue to protect the company’s intellectual property in the best interests of all shareholders. For further information please contact: David Young Managing Director Fermiscan Holdings Limited Phone: 61 2 9245 4460 [email protected] About
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