Federal Lawsuit Against Empyrean Bioscience Dismissed

Court Dismisses Patent Infringement Claims By Optima



Apr 19, 2001, 01:00 ET from Empyrean Bioscience, Inc.

    CLEVELAND, April 19 /PRNewswire/ -- Empyrean Bioscience, Inc.
 (OTC Bulletin Board:   EMDG) said today that The United States District Court,
 Southern District of Florida, has issued a Final Order of Dismissal granting
 motions by both Empyrean and International Bioscience Corp. ("IBC") to seek
 dismissal of the patent infringement claims of Optima Holding Co. Ltd.,
 Mercury Technology Corp. (Delaware) and Mercury Technology Corp. (Bahamas)
 (collectively "Optima").
     The patent infringement claims arose from a complaint filed by Optima to
 intervene in an action filed by Empyrean against IBC and two of its principals
 in April 2000.  Empyrean licenses the proprietary formulations for its
 products from IBC.  Empyrean settled its claim against IBC in August 2000,
 which eliminated nearly $60 million in future minimum royalty obligations,
 secured Empyrean's exclusive rights to IBC products in the United States and
 committed IBC to invest up to $10 million to fund clinical trials of the GEDA
 Plus(R) microbicidal contraceptive gel and to pursue all requirements of the
 U.S. Food & Drug Administration.
     Empyrean remains a defendant in an action filed by Optima in the Circuit
 Court of the Eleventh Judicial District, Dade County Florida, which alleges
 that Empyrean tortiously interfered with Optima's relationship with IBC.
 Empyrean and IBC believe that the action is without merit and will be defended
 vigorously by IBC.
     Empyrean Bioscience is a consumer products company specializing in the
 marketing, sale and distribution of innovative personal care products designed
 to prevent the spread of infectious diseases. The company markets its products
 under the Preventx(R) and Coleman(R) brand names. For more information, see
 www.empyreanbio.com .
     This press release includes statements that may constitute forward-looking
 statements made pursuant to the safe harbor provisions of the Private
 Securities Litigation Reform Act of 1995. Statements such as "IBC will
 vigorously defend that action" are forward-looking in nature.  These
 statements are subject to risks and uncertainties that could cause actual
 results to differ materially from the forward-looking statements. Such risks
 include, among other factors, the acceptability of the product in the
 marketplace, and the ability to obtain sufficient capital to fund operations.
 Additional factors, which could cause actual results to differ materially from
 expectations in the forward-looking statements, are set forth in the Company's
 Annual Report on Form 10K-SB for the year ended December 31, 2000, filed with
 the Securities and Exchange Commission.
 
 

SOURCE Empyrean Bioscience, Inc.
    CLEVELAND, April 19 /PRNewswire/ -- Empyrean Bioscience, Inc.
 (OTC Bulletin Board:   EMDG) said today that The United States District Court,
 Southern District of Florida, has issued a Final Order of Dismissal granting
 motions by both Empyrean and International Bioscience Corp. ("IBC") to seek
 dismissal of the patent infringement claims of Optima Holding Co. Ltd.,
 Mercury Technology Corp. (Delaware) and Mercury Technology Corp. (Bahamas)
 (collectively "Optima").
     The patent infringement claims arose from a complaint filed by Optima to
 intervene in an action filed by Empyrean against IBC and two of its principals
 in April 2000.  Empyrean licenses the proprietary formulations for its
 products from IBC.  Empyrean settled its claim against IBC in August 2000,
 which eliminated nearly $60 million in future minimum royalty obligations,
 secured Empyrean's exclusive rights to IBC products in the United States and
 committed IBC to invest up to $10 million to fund clinical trials of the GEDA
 Plus(R) microbicidal contraceptive gel and to pursue all requirements of the
 U.S. Food & Drug Administration.
     Empyrean remains a defendant in an action filed by Optima in the Circuit
 Court of the Eleventh Judicial District, Dade County Florida, which alleges
 that Empyrean tortiously interfered with Optima's relationship with IBC.
 Empyrean and IBC believe that the action is without merit and will be defended
 vigorously by IBC.
     Empyrean Bioscience is a consumer products company specializing in the
 marketing, sale and distribution of innovative personal care products designed
 to prevent the spread of infectious diseases. The company markets its products
 under the Preventx(R) and Coleman(R) brand names. For more information, see
 www.empyreanbio.com .
     This press release includes statements that may constitute forward-looking
 statements made pursuant to the safe harbor provisions of the Private
 Securities Litigation Reform Act of 1995. Statements such as "IBC will
 vigorously defend that action" are forward-looking in nature.  These
 statements are subject to risks and uncertainties that could cause actual
 results to differ materially from the forward-looking statements. Such risks
 include, among other factors, the acceptability of the product in the
 marketplace, and the ability to obtain sufficient capital to fund operations.
 Additional factors, which could cause actual results to differ materially from
 expectations in the forward-looking statements, are set forth in the Company's
 Annual Report on Form 10K-SB for the year ended December 31, 2000, filed with
 the Securities and Exchange Commission.
 
 SOURCE  Empyrean Bioscience, Inc.