DELRAY BEACH, Fla., Jan. 14, 2005 (PRIMEZONE) -- Hard to Treat Diseases, Incorporated (HTTD) (Pink Sheets:HTDS) announces today that on January 10, 2005, The Federal Court Entered an Order Denying Defendant Shinn Capital Group Inc.'s Motion to Dismiss Plaintiff's Second Amended Complaint for Lack of Personal Jurisdiction and an Omnibus Order on Defendants Shinn and Knights' Counterclaim and Affirmative Defenses.
In the Order Denying Defendant Shinn Capital Group Inc.'s Motion to Dismiss Plaintiff's Second Amended Complaint for Lack of Personal Jurisdiction, the Court denied Shinn Capital Group, Inc.'s Motion to Dismiss Plaintiff, Hard to Treat Diseases, Inc.'s Second Amended Complaint for Lack of Personal Jurisdiction.
In the Omnibus Order, the Court granted HTTD's Motion to Dismiss the Abuse of Process Counterclaim filed by Defendant Shinn. Additionally, the Court struck the following affirmative defenses of Defendant Shinn: lack of consideration; failure of performance and failure to comply with "conditions precedent" in relation to unconsummated contract or Share Exchange Agreement; misrepresentation or fraud; illegality; and unclean hands. The Court denied HTTD's Motion to Strike as to the affirmative defense of qualified privilege.
In the Omnibus Order, the Court granted HTTD's Motion to Dismiss the Abuse of Process Counterclaim filed by Defendant Knight. Additionally, the Court struck the following affirmative defenses of Defendant Knight: lack of consideration and failure of performance; failure to comply with "conditions precedent;" statute of frauds/waiver in relation to unconsummated contract or Share Exchange Agreement; misrepresentation and fraud; illegality and unclean hands. The Court denied HTTD's Motion to Strike as to the affirmative defense of qualified privilege.
As to the affirmative defenses stricken by the Order, Defendants Shinn and Knight have 10 days to file amended defenses.
In the Omnibus Order, the Court denied HTTD's Motion to Strike Defendants' Cross Motion for Summary Judgment.
The Federal Court date for Partial Summary Judgment is set for January 20, 2005.
Pursuant to the Court's October 25, 2004 Order Re-Setting Hearing on Plaintiff's Motion for Summary Judgment, HTTD's Motion for Partial Summary Judgment is set for hearing on January 20, 2005.
On January 10, 2005, the Court denied HTTD's Motion for Entry of Partial Summary by Default for Defendants' failure to file a response within the prescribed deadlines.
The Judge's ruling will be released as soon as we receive it.
We are fully confident in the judiciary and the legal process under which HTTD is proceeding.
HTTD is currently involved in litigation regarding the rights to Tubercin(r). Additional information and details regarding the litigation can be viewed at our website at: http://www.htdsotc.com
Testing Results
Testing results to date have been positive and favorable. The results of this testing are not available to any competitors and HTTD has taken extraordinary steps to maintain the confidential nature of these results and all future results. The testing, and the documents reflecting that testing. are instrumental in HTTD's goal of negotiating and establishing advantageous business relations with major drug firms upon the resolution of the pending litigation. These results will be available to shareholders upon HTTD's discretion due to the confidential nature of the negations into which HTTD is endeavoring to enter as well as the need to maintain the commercially reasonable confidentiality necessary with such intellectual property. HTTD's goal is to maximize the benefit to its shareholders; not to jeopardize the Company's potential value and position by disseminating information that can negatively impact the confidentiality of its products, intellectual property, and possible negotiations.
HTTD's "Corporate Overview" has been revised to reflect the company's current position and strategy. The "Corporate overview" can be viewed on our website at http://www.htdsotc.com
Statements in this press release that are not historical facts are forward-looking statements within the meaning of the Securities Act of 1933, as amended. Those statements include statements regarding the intent, belief or current expectations of the Company and its management. Such statements reflect management's current views, are based on certain assumptions and involve risks and uncertainties. Actual results, events, or performance may differ materially from the above forward-looking statements due to a number of important factors, and will be dependent upon a variety of factors, including, but not limited to, our ability to obtain additional financing and access funds from our existing financing arrangements that will allow us to continue our current and future operations and whether demand for our product and testing service in domestic and international markets will continue to expand. The Company undertakes no obligation to publicly update these forward-looking statements to reflect events or circumstances that occur after the date hereof or to reflect any change in the Company's expectations with regard to these forward-looking statements or the occurrence of unanticipated events.