September 01, 2005 11:47 ET


Novogen Reaches Settlement with Jamieson Laboratories on Isoflavone Patent Infringement Case Attention: Business/Financial Editor, Health/Medical Editor ANCASTER, ONTARIO--(CCNMatthews - Sept. 1, 2005) - Novogen Limited (Nasdaq: NVGN - ASX: NRT), the world leader in isoflavone research, has reached a settlement with Jamieson Laboratories Ltd. (Jamieson). The lawsuit filed against Jamieson alleged that health supplement product, Menoflavon, which is sold in Canada under the Jamieson brand, infringed one of the patents in Novogen's patent portfolio covering the use of isoflavones in health supplements.

The settlement was reached through a license agreement with Melbrosin International, the manufacturer of Menoflavon. The license agreement grants Melbrosin the rights to sub-license the rights for health supplements containing isoflavones from red clover in Canada.

"Novogen is dedicated to the development of isoflavonoid technology, protected by intellectual property, in both dietary supplement and prescription pharmaceutical arenas," said Michael Hryhorchuk, Novogen Canada's Country Manager "The resolution of this matter demonstrates a significant recognition of the commercial value of our isoflavone patent portfolio," Hryhorchuk added.

Novogen has set a new direction for complementary medicines following the confirmation of the granting of health supplement patents. The patents cover tablets or capsules containing any two of the four main isoflavones, biochannin A, formononetin, daidzein and genistein, all of which have been associated with a range of health benefits including management of menopause symptoms, improved cardiovascular and bone health.

According to patent attorney Kevin E. Holbeche from Hofbauer Associates, the granting of patents for a complementary medicine is rare because manufacturers are unable to identify the unique nature of their compounds.

"Novogen has successfully researched and identified key isoflavones and specific combinations of them which can lead to particular health benefits.

"These patents demonstrate the reality of an opportunity for complementary healthcare manufacturers - to develop a hypothesis about the effectiveness of a unique combination of ingredients, to prove that hypothesis using accepted clinical science and thereby establish a defendable patent over the products and their use.

"Novogen has shown that the model used by research-driven pharmaceutical companies can also apply to natural healthcare companies who identify and prove the effectiveness of a unique product," said Holbeche.

Novogen developed the science and understanding of how isoflavones could help to reduce menopause and pre-menstrual symptoms in the early 1990's. Soy and red clover are the best known and most important source of isoflavones, which are biologically active plant substances similar in structure to the hormone estrogen.

From the pioneering research Novogen applied and subsequently has been granted patents around the world.

Michael Hryhorchuk, Novogen Canada Manager, said the validity of the patents have been put to the test in other parts of the world.

"Tufts University in the USA, a major research university with significant commercial ties challenged the validity of Novogen corresponding patents in 2001 and Novogen won the case. In 2004 Novogen's action against GNC, USA's leading health food retailer (with 6000 stores), also reached a settlement with a consent judgement in which GNC acknowledged infringement of and the validity of a corresponding patent and agreed to withdraw its infringing products from the market," he said.

Mr Hryhorchuk said in addition to the Jamieson settlement, licensing agreements had been reached with Melbrosin International in Europe and Archer Daniels Midland Company (ADM), one of the worlds largest processors of soy beans with sales of US$36 billion.

Novogen manages its international research and development programs utilizing the expertise and clinical research capabilities of universities and hospitals in the US, Australia and other key international locations.

The Company markets a range of dietary supplement products based on isoflavones derived from red clover. Its leading dietary supplement products are Promensil, for the relief of menopausal symptoms, and Trinovin, for prostate health. Novogen's anti-cancer drug phenoxodiol is currently in Phase II human clinical trials in the US and Australia. The rights to commercialize this drug are licensed to the Company's majority owned subsidiary, Marshall Edwards, Inc., which is listed on both NASDAQ (MSHL) and the London Stock Exchange's Alternate Investment Market (MSH).

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/For further information: Lisa Fazari, News Canada Inc. Tel:416-599-9900 ext 202

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    Primary Phone: 416-599-9900 ext. 206
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