ALLERCA/ASHERA BACKGROUND INFORMATION

The "Ashera" Serval hybrid and hypoallergenic Allerca cat turned out to be scams. here is background information on the man behind a trail of scams. These include IntegraAssociates, Cerentis Broadcasting Co., Samba Wireless, Geneticas Life Sciences, ForeverPet, Genetiate, GeneSentinel, Cyntegra and Allerca. This webpage collates information from multiple sources, published and personal. The UK information comes from company databases and due diligence websites in the UK. Carradan frequently listed his business as "genetics". Note - there are almost 3500 companies registered at 2nd Floor, 145-157 St John Street, London, EC1V 4PY, just over 200 are active, over 3200 companies are either dissolved or in liquidation (including various Carradan ventures). US and Canada information comes from various sources including company registrations.

TIMELINE

1991, UK. Simon Francis Campbell Brodie. Director at LINKX PLC. Director & Company Secretary at Inter European Finance Ltd. Minimal information. All dissolved.

1992, England: Brodie was charged with false accounting and 8 charges of theft, including swindling money from banks and double-charging customers' credit cards. This was connected to Cloudhoppers hot air balloon-flight business in East Sussex. It offered franchises for £200,000 pounds each and collapsed in 1992 leaving people out of pocket and owing £214,000 to banks. He claimed in 1992 (The Argus) to have grossed £1 million in the first year with ambitions to expand to a £50 million concern in the USA. Brodie announced the sale of Cloudhoppers, and claimed to be the largest ballooning company in the world despite having only only 2 balloons, for £4 million. He didn't pay his employees and his chief balloon pilot left, followed by other employees. He continued to take bookings for expensive balloon flights even after the Civil Aviation Authority revoked his company's license to fly. The company telephones were cut off, Brodie's car was repossessed and the company was evicted from its building.
1994, England: Brodie is convicted in the UK of 7 counts of false accounting. He was given a 2.5 years jail sentence for his part in Cloudhoppers, After serving less 1 year in jail, he left Britain and went to Toronto, Canada and then to the USA where court records show a string of financial offences and unpaid debts.

1996, UK. Brodies company Cybertech promises Lotus Notestraining. He was sued in the High Court for breach of employment contracts.
1996, UK. Brodie set up another Lotus Notes consultancy called called Interaxis.

1998. Toronto, Canada. Brodie promoted Integra Information Technology, a company that recruited non-computer-literate people in England to pay £15,000/$25,000 to take a three-week Lotus Notes training course by promising them highly paid contracting work. Computer Weekly, interviewed Integra clients and found "ex-course members struggling to complete their Notes certification on their own, left to fend for themselves in the job market, and grappling with huge debts for the exorbitant course fees." Brodie described himself as Integra's business development manager.

1999, Delaware, USA. Brodie founded Cerentis LLC. One of Cerentis' products was software training packages. Customers bought a $50,000 package and expected to be employed after training. According The Boston Globe (July 2007), one British customer was trained at California-based Alphalogix in 1999, but Brodie vanished before the 3 week course was completed and the promised job did not materialise. Computer Weekly and found Integra clients struggling to pay off huge debts for the exorbitant course fees. LA County court records show Alphalogix were owed $30,600 by Brodie who denies having ever heard of Alphalogix.
September 1999, New York. Cerentis proposes to use the web to create “the world's most powerful computer processor.” Set-up in the same way as the nonprofit SETI At Home project, Cerentis' Terra One venture would process data for clients, but would charge for the service. The Cerentis news release stated “in association with the biggest and best online retailers,” such as Amazon.com and Dell, in which users would build up credits that could be used to make purchases at online stores. Amazon.com and Dell have never had any association with either Cerentis or Brodie. Cerentis' mailing address was Brodie's New York home address. Cerentis owes more than $50,000 in state taxes and has numerous liens against it.
1999: Brodie and 2 Brodie-affiliated companies, Cerentis and Integra Associates, defaulted on a $72,280 promissory note.

1999 - 2000: There has been a report (which I have not been able to verify) that after San Diego, Brodie was active in Costa Rica during 2000 and that he left behind pending lawsuits. Boston-based "The Beantown Bloggery" comment says "He took a break to hide out here in Costa Rica where he ripped people off left and right, screwing the fattest, ugliest girl in town before taking her last $500 and being chased (literally) out of town."

2003: Geneticas Life Sciences, Inc. filed as a Domestic for Profit Corporation in the State of Florida and is no longer active. This corporate entity was filed approximately twelve years ago on Thursday, March 27, 2003 as recorded in documents filed with Florida Department of State.
2003: Geneticas Life Sciences is located in Los Angeles, CA. Geneticas Life Sciences industry is listed as Laboratory. There are no officers listed for this company. Simon Brodie served as the Director.
2003, Florida. Xifi Technology Services, Inc. & Xifi Networks, Inc. Both filed as Domestic for Profit Corporations in the State of Florida on Wednesday, May 7, 2003. Brodie is listed on corporation databases as director. No evidence of these entities trading. These corporations are no longer active according to documents filed with Florida Department of State.He may have intended to sell the company names.
2003?: Samba Wireless - Data Processing And Preparation, Internet Services. Registered in Florida. No evidence of this company trading.
"Xifi" and "Samba" are well known terms related to computing. These may have been registered as company name/ domain squatting.

2004 (court records). Brodie was using an alias, Simon Campbell, and was connected with Cerentis Corporation and Integra Associates. Brodie/Campbell had been sued a number of times in the Los Angeles Superior Court for contractual fraud, eviction, and unpaid debt.
Martch 2004: Foreverpet Biotechnologies, Inc. filed as an Articles of Incorporation in the State of California on Monday, March 29, 2004. This corporation is no longer active according to documents filed with California Secretary of State.
October 2004: Brodie turns up in California where he forms Geneticas Life Sciences. Its press releases and websites portray it as being at the forefront of pet cloning. It announces plans to genetically engineer allergen-free cats. It takes deposits to reserve cats in advance of their creation. Geneticas Life Scences has never cloned an animal.
December 2004: Colorado-based Transgenic Pets LLC sue Allerca and Brodie for stealing trade secrets and business plans. Brodie, representing Florida-based Geneticas Life Sciences, had posed as a potential investor in Transgenic Pets. He signed a nondisclosure agreement in order to access confidential information. In Sept 2004 he had signed articles of incorporation to create Allerca, with Transgenic founder David Avner as its president and had agreed to invest $2.5 million in the new company, but in October he told Avner that Geneticas would not participate. Instead, he incorporated Allerca in California and issued a press release about hypoallergenic cats based on Avner's proprietary information.

2005: Brodie's Los Angeles landlords win a judgment against Brodie for failure to pay his rent. Brodie tries to raise $500,000 to fund a San Diego animal diagnostics company, GeneSentinel (owned by Allerca), of which he was chairman, president and CEO although the company assets were only $3,000 and its debts were $200,000! GeneSentinel plans create tests to screen animal samples for genetic mutations. They have extensive discussions with Minneapolis-based Fair Isaac Corp regarding the development of a similar product using Fair Isaac technology. Negotiations break off in June 2005. Fair Isaac inform Allerca that any attempt to move ahead with an alternative technology would result in legal action if Fair Isaac believes Allerca is using or disclosing Fair Isaac's confidential information. Gene Sentinel becomes Cyntegra.

January 2006: Allerca Inc is a division of Geneticas. Brodie and Allerca were sued for defaulting on a $25,000 loan. February 2006: Allerca was evicted from its San Diego HQ, which was also Brodie's home, for failing to pay the rent.
March 2006: Novartis Animal Health, makers of Sentinel pet medicines, sues GeneSentinel, Allerca and Brodie, for infringement of Novartis' Sentinel trademark and cyberpiracy. Brodie sells his stake in Allerca to an unidentified investment group, but remains a consultant.
April 2006: Novartis is granted a permanent injunction against Brodie and his companies. Around the same time, GeneSentinel lays off several employees, who are owed thousands of dollars in unpaid wages, and becomes Cyntegra. Cyntegra, with Brodie as CEO, becomes embroiled in legal action against IDEXX Laboratories over diagnostics for early detection of bird flu.
November 2006: California's Department of Corporations orders Brodie and Allerca to "desist and refrain" from offering or selling franchises until they are registered with the state.

February 2007: Brodie has a $285,000 federal tax lien placed against him by the Internal Revenue Service.
2007: Brodie formsFlexPetz, a pet rental company with outlets in New York, San Diego and Los Angeles. It planned a branch in Boston and one in London. Subscribers to the scheme could rent a pet for anything from a few hours to a few days. Scheme membership would cost $100 and then $50/month (these figures changed).
August 2007: Itchmo revealed that Brodie is the CEO of a company that owns pet-timeshare service Flexpetz. Brodie was CEO of Tetros Inc, which was purchased by ColdStar Capital in April 2007. A few days later, Flexpetz issued a press release describing itself as a wholly owned subsidiary of Tetros, who are both owned by ColdStar Capital. ColdStar is based out of the Cayman Islands. Brodie denied having any knowledge about ColdStar Capital, but retracted his denial when confronted with the SEC filing that listed him as CEO of Tetros Inc.
2007: Brodie listed as Chairman, CEO and chief financial officer at Asensia Inc (from April to September)

2008: FlexPetz dog rental scheme (with Marlena Cervantes) declared illegal in Massachusetts; anyone renting a dog can be fined $300. FlexPetz charged around $280/month for 4 dog-days and claimed the dogs are donated to FlexPetz. According to the SEC filings for Asensia/FlexPetz, the company does not adopt dogs and never intended to do so. SEC filings state that a FlexPetz dog has a useful life of 7 years. Note: shelters will not adopt out to situation where dogs are passed from person to person - something that is not good for a dog.

2008 Lifestyle Pets advertised $128,758 German Shepherds. Called "Titans" they were allegedly bred and trained for home security. Brodie's blurb claimed they were a hit in Japan and the Middle East within weeks of being launched. A standard Titan cost $89,151, while a Titan Ultra (guaranteed to be traced back to champion German shepherd bloodlines) cost $128,758. Titan Dogs Bred For Home Security
2008 Lifestyle Pets added the Jabari GD, a supposedly hypo-allergenic small dog (the photo depicts a brown cockerpoo-type dog).

June 2008: Ashera cats exported to The Netherlands DNA tested and prove to be Savannahs bred by Chris Shirk, Pennsylvania. Brodie changes name to Simon Carradan and now in Big Sky, Montana; sets up Carradan Skis claims to produce a unique brand of ski designed and crafted using a proprietary blend of materials never before seen in a ski. Deposits payable 6 months in advance, actual product appears non-existent. Brodie claimed the name change was to protect himself from radical elements opposed to Ashera/Allerca/FlexPetz after the San Diego Union Tribune were paid by Idexx to reveal where he lived, putting his life in danger. Carradan skis uses same mailing address as Flexpetz. His partner and front-woman in Carradan Skis and Flexpetz ventures is Marlena Cervantes (the pair appear to be more than just business partners). As with previous ventures, the address is just an office and there is no actual street address.

2009: Class action planned against Brodie/Lifestyle Pets regarding payment being taken for a kitten, but no kitten being supplied. Some purchasers claim to be still waiting after 18+ months, receiving neither a kitten nor their money back.
June 2009: Brodie/Carradan allegedly in Canada while partner Marlena Cervantes remained in Big Sky, occasionally visiting Canada.
June 2009: Forms Simon Carradan Vimentis Ltd. "VIMENTIS Brings the Wine Cork's Ritual and Romance to the Humble Screw Cap" Press release June 25, 2009 from VIMENTIS Ltd (via PRNewswire) by "Michael Thompson" who was allegedly the Vimentis PR man. The registered address is in London, England Now dissolved. (info available from Companies House).
2009:Carradan forms LP Global Ltd (LP Mondial Ltd), registered in London. He was Director (Genetics). Company now dissolved. (info available from Companies House).

2010. Several unsatisfied Allerca customers received a legal contract from Brodie offering them a refund if they sign a non-disclosure (gagging) order and agree not to pursue any further action against Lifestyle Pets. Would the gagging order simply ensure that customers can't reveal others whether they get a refund or not? This is the route to take in order to get a response from Brodie: (1) Contact your local District Attorney (the more powerful state-level Attorney General will be too busy with higher priority cases) about the rip-off. Send details of the case to the District Attorney from Santa Cruz, California, who are investigating Lifestyle Pets. (2) Because Lifestyle Pets' business crosses state lines, contact the FBI. This can be done online through their Internet Crime Complaint Center, but it is best to also contact an actual FBI investigator. Or contact the FBI office in San Diego, California which is gathering information from dozens of Brodie's victims. (3) Contact local media (radio, newspapers etc). They may have a consumer affairs reporter dedicated to tracking down fraudulent corporations. They might be interested in hearing about the case. This will help give information to people who could be taken in by Lifestyle Pets' fiction.

2010 (February: Santa Cruz County District Attorney's Office investigated whether a Live Oak woman was the victim of unfair business practices after she wired more than $5,000 to Allerca Lifestyle Pets in August 2008, and received neither a hypoallergenic kitty nor a refund. The woman had a list of 17 other victims. One victim in San Francisco said founder Simon Brodie's "core competency is stringing people along." Brodie claimed the victim declined a cat and inferred that some people were just too unreasonable to wait out the company's "purely provisional deadlines" necessary due to the real-life product. According to Brodie, each customer was aware of the terms and conditions of the sales agreement, which is "that an order is non-cancelable, non-refundable and that there is no time limitation on the business' obligation to deliver a pet." He also says he has begun to use an escrow service which guaranteed clients would get refunds if they deposited the full purchase price plus $180 Prosecutor Kelly Walker said the escrow idea was a good one. One customer, Jeremy Goodman, reported that Brodie used a different mobile phone number every time he returned a call. Goodman said that Brodie told him he was being unfairly prosecuted and was fleeing to Costa Rica. Goodman knew he would never see the kitten or the money and he had been "undeniably swindled by a British con man who possessed nothing more then the gift of gab and a decent press release." Kelly Walker subpoenaed the company and received reams of confidential data. Though unable to discuss specifics, he said that "blindfolding someone is not the same as conducting a double-blind study." The Santa Cruz, Calif., District Attorney's Office told ABC News that 25 customers had lodged complaints against Brodie, but the office had not brought an action against him because they were not able to find him
Santa Cruz County District Attorney investigating sale of hypoallergenic cats and related page Comments

2009/2010: Brodie claims he is being unfairly prosecuted and was fleeing to Costa Rica (seems unlikely as there were outstanding lawsuits there).

2010: Brodie's history of slick press releases and pet-related companies that didn't deliver are documented in Dog, Inc.: The Uncanny Inside Story of Cloning Man's Best Friend By John Woestendiek; hardback book published by Penguin 2010, ISBN-13: 978-1583333914 and also available for Kindle.

2011: Carradan forms Recognitas Ltd with Mrs Leyibet Padro, registered in London. Now dissolved. (info available from Companies House).

2013. In a lead story on July 17, 2013, ABC’s ‘The Lookout’ reported the results of its investigation into Allerca GD or LIFESTYLE PETS. See separate section below on this page. Brodie, who first fled to Canada under the alias Simon Carradan to sell fictional super-skis (or re-badged regular skis), was being actively investigated by US law agencies, but went into hiding in London.

CLOUDHOPPERS

1992, East Sussex, England. Simon Brodie was charged with false accounting and 8 charges of theft, including swindling money from banks and double-charging customers' credit cards. This was connected to Cloudhoppers hot air balloon-flight business in East Sussex. The company offered franchises for £200,000 pounds each, but collapsed in 1992 leaving people out of pocket and owing £214,000 to banks. He claimed in 1992 (reported by "The Argus") to have grossed £1 million in the first year with ambitions to expand to a £50 million concern in the USA. Brodie announced the sale of Cloudhoppers, and claimed to be the largest ballooning company in the world despite having only only 2 balloons, for £4 million. He had not paid his employees and his chief balloon pilot left, followed by other employees. The Civil Aviation Authority revoked the company's license to fly. Despite this, Brodie continued to take bookings for expensive balloon flights. The money funded a "high flyer" lifestyle: he drove a Lamborghini, worked out of plush offices in London, rented a large home and presented himself as a "dotcom boomer." Unpaid bills meant Cloudhoppers' company telephones were cut off, Brodie's car was repossessed and the company was evicted from its building. In 1994, he was convicted in the UK of 7 counts of false accounting and given a 2.5 years jail sentence. After serving less 1 year in jail, he left Britain and went to Toronto, Canada and then to the USA where court records show a string of financial offences and unpaid debts.

Translated new article: According to reports in an English newspaper, the Argus, Brodie was living large in 1991 when he drove a Lamborghini. Cloudhoppers, a hot air balloon company that fell to earth in the small town of Uckfield , owing banks some £214,000. He rebounded five years later with a computer software company called Cybertech in the tiny Kensington are of London, but within a year, the venture went bust too, leaving a trail of consultants who sued for back salary. [...] In one newspaper story, Brodie is identified as a Scottish "scientist" from Invernesshire. What is not on the Net: according to the Argus, in 1994, at the age of 31, Brodie was sentenced to 2.5 years in prison by the Hove Crown Court in east Sussex on seven counts of false accounting related to Cloudhoppers' fall. Amir Sheibany, now of Trans Union Credit and late of Cybertech, remembers his old boss well. "He seemed competent and energetic," Sheibany says. "Polished." Sheibany, 38, also remembers the lawsuit he and others filed against Brodie. We won a judgement of £ 35,000 pounds," he says," but we did not get any money. He said he never received any notification of the court case. "Then Shiebany says, he was gone.

Note: A Cloudhopper is the name of a type of hot air balloon, usually a one-person balloon.

CYBERTECH

A group of software consultants took their former employer Barbados-registered Cybertech Corporation to the High Court after it failed to pay damages for breaching their contracts. Amir Sheibany, Andrew Gordon, Michael Gill and Ian Hobson took the action after Cybertech failed to pay more than £35,000 in damages for unpaid salaries. Cybertech, also had offices in the US and London, and was set up by Simon Brodie at the beginning of 1996 to supply Lotus Notes and SAP consultants to IT recruitment agencies. Software Personnel was among its clients. Amir Sheibany said Cybertech lured employees away from steady jobs with the promise of basic salaries of £40,000, bonuses and accredited Lotus Notes training in Barbados. "We want to warn others. Always check that employment contracts are 100% correct," he said. Solicitor Paul Redfern, for the consultants, said: "We have appealed to the High Court following the company's failure to pay up and are awaiting a hearing date. Brodie claimed not to have got any court proceedings, a claim we deny, and now wants to put forward a defence. But we plan to ask the court to dismiss this application.". Brodie had also set up another Notes consultancy, Interaxis Group. He was not available for comment.

Information from the company registration lists Simon Francis Campbell Brodie as director of Cybertech Uk Limited in April 1996. Registered address was Fustic House, Fustic, St Luce W1 Barbados. Company address: Cyertech UK Ltd, London House, 271-273 King Street, London, W6 9LZ (Registering his companies offshore is a common theme.)

From an advert on Google Groups: CyBerTech Corporation, a leading Lotus Business Partner specialising in Lotus Notes Consultancy, seeks an experienced IT Business Executive with good Lotus Notes knoweledge to manage our London office as part of our on-going international expansion. The roles include day to day management of internal administration/IT and sales managers, consultant liason, and recruitment for both the UK and Europe. Based in central London, this is an ideal opportunity for someone with an entrepreneurial flair and solid management skills. Excellent salary and incentive package in excess of £100k p.a. for the right person. Please contact Simon Brodie at our London office [...]

CyBerTech Corporation is an international IT consultancy specialising in Lotus Notes. CyBerTech Corporation Consultancy is rapidly expanding its operations in the United Kingdom and Europe and is currently seeking to recruit Certified Lotus Notes Specialists or persons with at least two years similar Notes experience. As such we are offering permanent employment based in the United Kingdom and Europe to those applications who meet the required criteria; the positions are due to start 1st February 1996. Key features of the position include: Annual Base Salary of US$65,000 (US$100,000+ with overtime). Choice of United Kingdom and European Locations. Relocation Expenses. Access to Personal Benefits Package.

Information on CyBerTech at Company Check (UK) links Simon Francis Campbell Brodie to the following companies:
March 1991. Director at LINKX PLC. Company is dissolved.
March 1991. Director & Company Secretary at Inter European Finance Ltd. Company is dissolved.

Inter European Finance Ltd. Simon Francis Campbell Brodie, Secretary, 5 Mar 1991. Julian Meryn Brodie(born 1925 - father?). Director/Computer Salesperson, 5 Mar 1991. Simon Francis Campbell Brodie, Director, 5 Mar 1991. Regstered address was 22 Montpelier Row Twickenham Middlesex TW1 2NQ. LINKX PLC seems to have the same directors.

INTEGRAASSOCIATES / INTEGRA INFORMATION TECHNOLOGY

Integra Information Technology recruited non-computer-literate people in England to pay £15,000/$25,000 to take a three-week Lotus Notes training course by promising them highly paid contracting work. The price tag included flights and accommodation at Integra's training center in Toronto. The cost of similar Lotus training n the UK, which typically required months to complete, was only about £2,000 pounds/$3,300. Computer Weekly, interviewed Integra clients and found "ex-course members struggling to complete their Notes certification on their own, left to fend for themselves in the job market, and grappling with huge debts for the exorbitant course fees." Brodie described himself as Integra's business development manager

28 Oct 1998. Computing magazine carried an article “Delays to [Lotus] Notes course”. In summary this said that would-be Lotus Notes consultants who paid £15,000 to attend a Lotus Notes training course were repeatedly told their course had been delayed and feared being denied a refund. Integra Information Technology's course should have been held in Canada in August 1998 but was postponed three times by October 1998. Brodie said the course's terms allow rescheduling. He said he had done so because of delays in the new versions (5.0) of Lotus Notes. One participant asked Integra for a refund of the full price he paid in August. Integra told him that a refund would be payable providing that someone else took the place, and providing the participant complied with a gagging clause. The participant sent a copy of that letter to "Computing" magazine. "You agree to keep this matter confidential before and after repayment, and that [if] information is disclosed, to pay Integra an amount equal to the programme fee of #£4,950." The letter was signed by Integra's managing director, Simon Brodie. Lotus confirmed it had received a complaint, but declined to comment (it's likely they were unaware of Brodie's course). Integra, a company wholly owned by a Sark-based, off-shore trust, had been served a summons from another course participant who had completed the training but who did not receive the promised after-training support.

Note: Not the same as Integra Associates.

CERENTIS

Cerentis LLC, 20 Haarlem Avenue #404, White Plains, NY 10603. Categorized under Online Services Technology Consultants. Records show it was established in 1999 and incorporated in New York. Principal - Simon Brodie. The only other information related to Cerentis Broadcasting is Ocean FM (95.5 FM), a radio station in the Cayman Islands, British West Indies, owned by Cerentis Broadcasting Systems. It aired a classic hits music format. Its last license was issued on 11 December, 2003. It went off the air in late 2006 and was put up for sale but technical and financial issues made such a sale untenable and the government revoked the license on 16 August, 2007. Slogan: Grand Cayman's Hit Music - We Play Everything.

GENETICAS AND ITS DIVISIONS

GENETICAS [Life Sciences] was established to help those hoping to preserve genetic material for future use in cloning (when available) or procedures not yet developed. As a company working with the leading edge of research and the application of assisted reproductive technologies, including nuclear transfer, GENETICAS is keenly aware of what the very near future might hold for cloning and related human and animal health sciences. GENETICAS's commercial cloning division provides cloning services to worldwide clients. The ALLERCA division is currently developing the world's first patented allergen free cat, expected for 2007. A special project, the GENETICAS ARK, aims to prevent the extinction of the many species that are in danger of disappearing from our planet by storing their DNA, and to hopefully reproduce and reintroduce these animals into future protected habitats. CONTACT INFORMATION: Simon Brodie, Geneticas Life Sciences<.P>

A division of Geneticas called Foreverpet Biotechnologies, Inc. filed as an Articles of Incorporation in the State of California in March 2004. This corporation is no longer active according to documents filed with the California Secretary of State. Its registered address was 11400 W Olympic Blvd Los Angeles, CA 90064. Despite claims of orders pouring in, they did not cryopreserve cells or clone any animals. A Press Release on August 22, 2004 claimed: "ForeverPet, a division of Geneticas Life Sciences, today announced the launch of the ForeverPet cat cloning service for cat owners. Priced at $19,950 this new cloning service is the most economically priced of all cat cloning services currently on the market, and adds cat cloning to ForeverPet's other services, including DNA cell banking and horse cloning. ForeverPet, under the slogan "For More Than A Lifetime", allows pet owners to cryopreserve a tiny biopsy that safely preserves their pet's DNA for future use in the production of an identical clone. [....] $19,950 for the first clone, with additional clones of the same donor animal priced at $4,995 each , ForeverPet's pricing is close to a third of the competition's."

Simon Brodie, CEO of Geneticas Life Sciences stated, "As a company that provides commercial cell banking, we constantly receive calls from distressed pet owners whose animals are terminal or that just passed. One of the biggest deterrents to cryopreserving their pet's DNA was cost, with other companies charging upwards of $800. ForeverPet reduced the price to less than $300, which resulted in many more pet owners taking advantage of our DNA preservation services. However, owners have often shown reluctance to cell bank their pet's DNA without a firm timeframe for pet cloning, or concerns that the cost would be out of the reach of most pet owners. After a careful analysis, ForeverPet has started to offer cat cloning at a price that while still very high, will invariably allow us to develop news techniques and processes that aim to reduce the price to $2,000 per clone. States Brodie: "The response from pet owners has been amazing. Of course, we make it clear that affordable pet cloning is down the line. But many are simply comforted knowing that for those that can afford the cost, producing a clone of their cat is now a reality. As for those groups that are against animal cloning given the large number of dogs and cats in shelters, Brodie states, "Although we praise the good work performed by animal welfare groups. We do not see a solid argument. If a cat lover has chosen to spend $2,000 on a pedigree animal, he is simply not going to adopt an animal from a shelter. If anything, there are a number of serious arguments in pet cloning's favor. Pet cloning could actually reduce the number of unwanted animals given that an owner might feel happier having their pet neutered if they knew he or she could be cloned. And only one clone would be produced instead of a whole litter. It also might be easier to predict the temperament of a puppy when it grows up. Owners would be less likely to discard their playful puppy when it turns into a destructive dog. Many are unaware that over four million pets are abandoned each year simply due to negative behavioral traits, something that is less likely in a clone" … Cloning a pet cat starts by taking some cells of the cat, a simple process performed by a ForeverPet approved veterinarian [...] sends it to our labs for use as the base of producing a clone. The estimated time from delivery of the cells to delivery of a clone is 6-9 months, depending on the company's waiting list.

A Geneticas "Genetiate" press release form Nov 2004. It never took off and is now often discounted as a hoax. The press releases read "With over 500,000 collisions between cars and deer every year, the cost in lives and money is staggering. While insurers pay over a billion dollars in claims annually, over 200 people are killed. Countless other drivers and passengers suffer injuries and other serious medical complications. Many deer and their young suffer the same fate. By implanting the gene of a special jellyfish into deer, the transgenic NIGHTSAVE deer produced by GENETIATE (patent pending) have fluorescing hair and skin when illuminated by car headlights. The implanted gene has no other effect on the deer, who appear normal in daylight. The NIGHTSAVE project aims to reduce the number of night time deer/auto collisions, saving the lives of both deer and people." What about all the wild non-glow in the dark deer? Predators and night-time hunters would quickly pick off the glowing deer.

GeneSentinel was supposedly a canine flu test. This Allerca subsidiary [Allerca being part of Geneticas] announced it had developed a rapid test that would detect canine influenza. Its press release says the "diagnostic technology is similar to that used to detect the avian flu and SARS in humans." Threat of legal action from Minneapolis-based Fair Isaac Corp as Brodie had gained access to some of their confidential information. GeneSentinel became Cyntegra. Cyntegra was supposedly a flu test for cats and dogs. Cyntegra's Viogenix Duo claimed to be a diagnostic test based on the same technology as GeneSentinel's canine flu test. According to the PR, it could detect H5N1 in cats and dogs and H3N8 in dogs. Cyntegra was registered to offices vacated by Allerca in January 2006 (Allerca were being sued for not paying rent). Legal action against IDEXX Laboratories over diagnostics for early detection of bird flu. There was no evidence of Cyntegra on Allerca's Web site.

GENESENTINEL

Registered Address: 777 6th Avenue Apt 419, San Diego, CA 92101-7076.
29th Nov 2005 Registered trademark
21 March 2006 TEAS Express Abandonment filed for trademark
22 March 2006 Express Abandonment Notice Mailed

Here are excerpts from their Nov 29 Press Release.:

GENESENTINEL today announced the launch of a highly accurate test to detect the highly contagious influenza virus that is affecting dogs and is believed likely to spread throughout the USA. The GENESENTINEL diagnostic technology is similar to that used to detect the avian flu and SARS in humans. Simon Brodie, CEO of GENESENTINEL, states, "As of today, canine influenza has been diagnosed in 18 states, although we presume it is present in many more states. Early numbers suggest that one in one hundred infected dogs will die. However, some researchers have placed the figure as high as one in ten, and the number could be higher due to misdiagnosis of the virus as 'kennel cough.' Symptoms generally appear two to five days after a dog is exposed to the virus and of those infected, 20 percent show no signs of disease. Early diagnosis using our GENESENTINEL test is critical in order to quarantine and treat the infected dog. There is no vaccination available at this time." He cited Dr. Joan McMindes of the Native Palm Animal Hospital in Jupiter, Florida about the prevalence of canine flu, and he gave some blurb about the impact of canine flu on doggy events. Brodie said "With the holiday season approaching and an increased demand for boarding, we are encouraging kennels to test every dog before admittance and our website will begin to list all boarding facilities where the GENESENTINEL test is routinely performed."

The press release claimed: GENESENTINEL is the first company to commercialize a highly accurate molecular diagnostic for the canine flu that can provide rapid results to veterinarians. Positive results of the screening test are considered a presumptive identification of canine influenza. GENESENTINEL allows veterinarians to screen dogs with a range of flu-like symptoms at an affordable cost to the pet owner. GENESENTINEL is a subsidiary of ALLERCA(TM) Inc., a privately-held biotechnology company headquartered in San Diego, California, focused on improving the lives of companion animals and their owners.

GeneSentinel planned to create a test to detect pathogens and genetic mutations in samples from animals, but the project had the potential to generate legal problems. Allerca, the parent of GeneSentinel, had extensive discussions with Minneapolis-based Fair Isaac Corp. regarding the development of a similar product using Fair Isaac technology, but negotiations broke off in June 2005, according to the memo. Fair Isaac's legal counsel informed Allerca that if it moved forward with an alternative technology, Fair Isaac would take legal action if it believed Allerca was using or disclosing Fair Isaac's confidential information.

GENETICAS GENEANGEL & PHARMASTEM

GeneAngel'S VP was Aniko Kaiser of Geneticas Life Sciences. Aniko Kaiser also appears in the press release "ForeverPet Launches First Low Cost Pre-Cloning Service for Pet Owners".

Wayne, PA, December 3, 2003 – PharmaStem Therapeutics, Inc. and GeneAngel, Inc. today announced that they have entered into an agreement under which GeneAngel has obtained a license to PharmaStem’s patent portfolio. This represents the 4th license PharmaStem has granted to umbilical cord blood banks. [PharmaStem had just won a patent infringement case and] since then "cord blood banks have stepped forward to secure a license from PharmaStem. GeneAngel is the first of this ‘new wave’ of licensees, with more to come in the near future.”

Aniko Kaiser, Vice President of GeneAngel stated: “Obtaining a PharmaStem license ensures that GeneAngel can continue to position itself as a leading cord blood banking company. GeneAngel now provides a level of comfort to a parent not offered by non-PharmaStem licensed companies. Consider that some of those cord blood companies were ordered just this month to pay millions of dollars in damages for willful infringements of PharmaStem’s patents, and one can appreciate how anxious parents have now become. One direct effect of this judgment has been a heightened concern amongst parents who already stored with the infringing banks, and what might happen to their child's stored stem cells in the future. This concern led GeneAngel to bring forward the launch of the GeneSentinel transfer program that allows those parents to transfer their child’s stored stem cells to a GeneAngel’s secure facility. Given the recent turmoil, GeneAngel is offering to collect and transfer those stem cells at no cost to parents.”

HEMASTEM THERAPEUTICS INC (GENETICAS LIFE SCIENCES)

This is from umbilical cord blood/cell bank directory information and press releases.

Geneticas Life Sciences originally entered the [umbilical] cord blood market in 2003 with the autologous bank GeneAngel, which had a unique pricing concept: No processing fee, but a storage fee of $49.95 was charged every month indefinitely. In exchange for the on-going storage fee, GeneAngel offered parents health insurance: $100,000 if their child developed a disease treatable by cord blood transplant. Perhaps not surprisingly, they could not find customers willing to pay $10,789.20 over 18 years against the odds of one child developing a transplantable disease. Hence, they reorganized and launched HemaStem/Hemalife. In Summer 2004 it was in the process of changing its name to "HemaLife"

"HemaStem is owned by Geneticas Life Sciences, Inc., a company specializing in biological insurance: they have divisions which bank the genes of endangered species, clone domestic animals, have a registry of human gene donors for the creation of designer babies, and bank the stem cells in cord blood. Website is in English and Spanish."

OFFICE: Main office located in Hamilton, Ontario, Canada
STORAGE: Uses two laboratories: USA lab is Community Blood Services, Paramus, NJ; Canadian lab is at Stem Sciences Inc. in North York, Ontario.
SERVICES & DISCOUNT OPTIONS: Provides their patented StemGuard [TM] collection kit.

Community Blood Services laboratory in Paramus, NJ, processes all cord blood units by the same two-step method: first a sedimentation stage with the chemical Hespan; then a gentle spin cycle for further cell separation. The final red cell hematocrit is only about 2%. Every bank which stores at Community Blood Services has a separate freezer. The transplant quota is from the public bank at Community Blood Services. Enrollment fee only charged once per family. Price includes shipping by courier service. First year storage included in processing fees. Prepay 10 yrs storage for $1299 (save $191).

According to the company blurb: Established in 2000 (incorporation date says 2004), HemaStem Therapeutics was a privately held Canadian Federal Corporation that researches and develops technologies and procedures for the isolation, preservation, and therapeutic use of adult stem cells. They focus mainly on the isolation, cultivation, and storage of adult stem cells. HemaStem believes firmly that patients and families should have the opportunity to have a supply of healthy stem cells stored in a biological bank, which may be used for future stem cell therapies if needed. Stem cells are compatible with the patients own genetics to prevent problems with immunogenic incompatibilities. HemaStem believes that today’s miracles are tomorrows treatments.

Company Status - Dissolved For Non Compliance
Incorporation Date - February 2004
Dissolution Date - January 2012
Company Type - Non-distributing corporation with 50 or fewer shareholders
Registered Address: 4263 Sherwoodtowne Blvd Suite 303 Mississauga, Ontario L4Z 1Y5
Registered Address - 1500 Royal Centre, 1055 West Georgia Street, P.O. Box 1111, Vancouver BC, V6E 4N7, Canada
The directors were John Soliven-Llaguno, Alanna Harrison, Douglas Dunn, Ayab Lulat (these appeared to have been sucked into the Geneticas scheme)

From the Press Release: "We research and develop procedures and technologies for the isolation, preservation, and therapeutic use of adult stem cells. In particular, our focus is the isolation, cultivation and storage of adult stem cells collected from tissue disposed of at birth and stem cells derived from lipoaspirate - a waste product of liposuction. HemaStem Therapeutics Inc. is currently researching two new stem cell platforms focussing on novel sources of stem cells and expansion technology. We have completed five collections and isolation of a new source of stem cells at birth. Established in 1999 by two families, HemaStem brought to market its first commercialized adult stem cell platform in 2002. HemaStem first stage placental umbilical cord blood stem cell isolation technology known as HemaLife, is based on licenced US patents # 5,004,681. # 5,192,553 , # 6,461,645 , # 6,569,427, and # 6,605, 275. The name HemaStem (pronounced hee-mah-stem) is derived from the Greek word 'haima' which means blood and combined with the English word stem. HemaStem & 'Today's Miracles Are Tomorrows Treatments' is a registered trademark of HemaStem Inc. Our logo consist of a dark solid circle and surround by three inverted crescents depicts the isolation and harnessing of the potential possibilities of stem cells biology."

Note: HA company called Hemalife LLC/HemaLife Medical LLC founded in 2004 appears unrelated to HemaStem/HemaLife.

CYNTEGRA INC

July 2006 "US diagnostics specialist IDEXX faces an antitrust, unfair competition lawsuit from a small Californian firm named Cyntegra, while at the same time questions are being asked over the history of Simon Brodie, Cyntegra's chief executive." In the guise of Cyntegra, it seems that Brodie hoped to make money through suing IDEXX Laboratories. IDEXX first asked for the case to be dismissed, but it went to court and judgment went against Cyntegra Inc who did not actually have a product, any employees or even a viable business plan. Here's a press release from Cyntegra (Brodie).

SAN DIEGO, Dec. 5 2006 (PRNewswire) - CYNTEGRA Inc., the developer of a revolutionary molecular pathogen diagnostic system capable of the simultaneous detection of dozens of serious disease agents in pets, has followed its filing of a complaint against IDEXX Laboratories, Inc. in the Central District Court of California, with a motion for Preliminary Injunction. In the complaint, CYNTEGRA seeks the termination of IDEXX's practices of "exclusive dealing," in which IDEXX requires that its distributors, who are the major distributors of veterinary products in the U.S. to veterinarians, refrain from selling the products of other companies that IDEXX defines as "competitive." CYNTEGRA maintains that IDEXX has gone so far as to prevent new products, such as the cutting-edge veterinary diagnostics developed by CYNTEGRA, from entering the market. In the complaint, CYNTEGRA alleges that IDEXX threatened its distributors if they carried CYNTEGRA's products, resulting in the cancellation of millions of dollars in orders for CYNTEGRA.

CYNTEGRA has moved for the injunction after a recent outbreak of bird flu in South Korea resulted in the forced slaughter of thousands of cats and dogs, for fear that these companion animals may transmit the virus to humans. Transmission of the bird flu to dogs and cats has been demonstrated, and the CYNTEGRA molecular diagnostic panel includes a rapid, sensitive test for bird flu and its variants that occur in dogs and cats. The CYNTEGRA panels are designed to provide periodic "wellness" testing in these companion animals, in order to rapidly detect serious diseases, including bird flu during the early stages of infection, compared to the later stage detection offered by tests sold by IDEXX. CYNTEGRA believes that without this rapid detection tool, U.S. veterinarians, animal health workers and pet owners may be risking greater personal exposure to the virus. CYNTEGRA is concerned that without a fast, cost-effective method of detection available to veterinarians, a potential bird flu pandemic in companion pets in the USA could result in the US government taking actions similar to the South Korean government, and forcing the euthanasia of millions of pets.

Dr. Jeffrey Werber, a Los Angeles veterinarian and a frequent commentator of veterinary medical issues, has stated, in support of CYNTEGRA's motion for preliminary injunction: "It is my opinion that the CYNTEGRA molecular diagnostic panels, capable of detecting larger numbers of pathogens in a single sample from an animal, offer a huge benefit to the public, with respect to reducing costs for detecting, treating and preventing the spread of a number of common and serious infections in animals. The savings would be in the millions, if not billions of dollars. To the extent early detection could also reduce the spread of diseases such as the avian flu, which are transmitted from animals to humans, the savings in terms of lives, is, of course, priceless."

IDEXX was not successful in obtaining dismissal from the court of CYNTEGRA's claims for unfair competition in its complaint, and CYNTEGRA has also requested the help of the U.S. Department of Justice in investigating IDEXX's practices.

CYNTEGRA, INC. v. IDEXX LABORATORIES, INC. No. CV 06-4170 PSG (CTx).

A Court Order granted IDEXX's Motion (legal request) for Summary Judgment after considering the parties' papers (deposited as evidence) and oral arguments at the hearing on October 22, 2007. A formal summary of the Court's proceedings, rationale and judgment is published online (plenty of references to various Acts and to other legal cases). I've avoided legal-ese as much as possible to make it comprehensible to non US citizens.

October 25, 2007 - United States District Court, C.D. California.
Plaintiff - Cyntegra inc.
Defendant - Idexx Laboratories, Inc.
District Judge - Philip S Gutierrez

Idexx develops and sells a variety of products used by veterinarians to diagnose and treat illnesses in companion animals, including analyzers used to test specimens in-clinic, pharmaceuticals and reference laboratory services (Undisputed fact). Cyntegra claimed to have developed innovative animal diagnostic products that would permit the rapid and sensitive detection of one or more preselected target substances in a single biological sample from an animal, using genomic or "molecular diagnostic methods." Claimed this is superior to antibody detection tests. Plaintiff was planning to outsource its laboratory work.

On June 30, 2006, Plaintiff initiated this lawsuit against Defendant claiming "monopolization of trade" by IDEXX and that distributors of IDEXX products are not permitted to offer competitor products. On March 13, 2007, IDEXX requested summary judgment, but The Court granted Cyntegra a continuance until September 10, 2007 to investigate. Summary judgment is proper only when the party proposing summary judgment (in this case IDEXX) can prove there is no genuine material fact.

IDEXX contended that Cyntegra's antitrust claims must fail because Cyntegra never had and did not currently have any products or services, relevant to this case, to sell. Cyntegra argued that they were being prevented from entering the market. The court considered four standard criteria: (1) The background and experience of Cyntegra in his prospective business (2) Positive action by Cyntegra to engage in the proposed business (3) The ability of Cynbtegra to finance the business and the purchase of equipment and facilities necessary to engage in the business (4) The consummation (satisfactory completion) of contracts by Cyntegra.

(1) Cyntegra's sole employee and founder, Brodie, had little background or experience in the market of molecular diagnostic testing. Brodie was unaware of differences between certain common diagnostic testing techniques. In addition, Brodie testified at deposition that he had never taken a course of a technical or scientific nature, or any courses that focussed on management or business.

(2) The deposited evidence showed that any steps Cyntegra took to engage in the proposed business were only preliminary or exploratory in nature. For example, although Brodie contended he developed marketing through face-to-face time with veterinarians, conducted presentations to veterinary offices, visited clinics, presented at conventions, and spoke with veterinarians who suggested specific pathogens they would like, these actions merely indicated that he was exploring the market. IDEXX presented evidence that Cyntegra had never had an office except for one located for a short time at the residence of Robert Stephenson. In addition, Brodie never developed a formal business plan,had no other employees besides its founder Brodie, never acquired a laboratory or employed a laboratory manager, never contacted an investment bank or venture capital firm to raise capital, and had never obtained a license to sell the canine influenza test, one of the few products it purported to sell. Cyntegra failed to provide evidence supporting its claim of having a patent pending for its veterinary diagnostic system.

(3) Cyntegra had never hired employees, leased equipment or vehicles, or leased a reference laboratory. Cyntegra claimed this was because it planned to use technology developed by other companies in order to reduce its own research and development costs. The fact that Cyntegra could not even afford to maintain its website and server was strong evidence of its inability to finance its business venture. Brodie testified that one of his main steps in 2007 was to seek additional investment, but provided no evidence of success in securing the additional investment.

(4) No evidence that Cyntegra had consummated any contracts. Cyntegra's emails with Butler Animal Health Supply, MWI Vet. Supply Co., and Columbus Serum Co., merely indicated the process of negotiating distribution arrangements for its (non-existent) products. Such negotiations are not "business or property" deserving of antitrust protection. It was unclear whether Cyntegra ever had any products to sell. Demonstrating that a new diagnostic product is viable requires validation testing and other steps. The Veterinary Information Network cautioned veterinarians not to purchase Plaintiffs canine influenza sample collection kit because it was not supported by validation testing. Brodie admitted that "additional validation may have been required" for its products.

Cyntegra failed to show that IDEXX owned a dominant share of market power in the relevant market of in-clinic diagnostic tests and reference laboratory services. IDEXX provided undisputed evidence that its market share is less than 40%,3 and that a competing distributor, VCA Antech, had revenues more than twice those of IDEXX. IDEXX provided evidence that two other suppliers of reference lab services, Zooligix and VDXI, had recently entered the market and that a new collaboration between VCA Antech (IDEXX's largest competitor) and Fair Isaac Diagnostics, was just announced in May 2007. Fair Isaacs was selling molecular diagnostic products exclusively through VCA Antech, demonstrating that a manufacturer of molecular diagnostic tests for animals found a channel to bring its products to market. Additionally, without a competing product, Cyntegra could not show it was "adversely affected" by Defendant's allegedly illegal "tying arrangement", and that claim also had no standing.

"Based on the foregoing, the Court hereby GRANTS Defendant's Motion for Summary Judgment. It is hereby ordered that this case be DISMISSED in its entirety, with prejudice."

Brodie took this to Appeal on April 13, 2009 at Pasadena, California before Fernandes, Silverman & Callahan, Circuit Judges.

CYNTEGRA, INC. v. IDEXX LABORATORIES, INC.

All of the District Court’s orders were challenged on appeal.

The Appeal court affirmed the decisions on the grounds that Cyntegra submitted materially deficient records (documents) and paltry arguments that were almost all unsupported by reference to documents or legal authority. It reviewed the merits of the alleged errors and concluded that the district court were not in error. They did not consider Cyntegra’s argument that the district court erred by considering Dr. Dorman’s expert rebuttal report, an argument Cyntegra forwarded in a single conclusory sentence unsupported by reference to records or legal authority. The district court’s denial of Cyntegra’s motion to reconsider Magistrate Judge Turchin’s order limiting certain discovery to a five-year period was not “clearly erroneous or contrary to law.” The order permitted Cyntegra to conduct significant “historical” discovery into the distribution agreements at the heart of this case. The district court reasonably balanced Cyntegra’s need for historical discovery and the burden on IDEXX of producing decades-old documents that are only remotely relevant to the case.

The district court did not abuse its discretion by denying Cyntegra’s application for a continuance of the summary judgment hearing. Cyntegra was not diligent in pursuing discovery, seeking a continuance, or seeking modification of the scheduling order. Cyntegra’s counsel contributed to discovery delays. The district court did not abuse its discretion by imposing an adverse inference instruction sanction against Cyntegra for spoliation of (withholding/destroying) evidence. Both of Cyntegra’s arguments on appeal lacked merit. The district court correctly concluded that the lost or destroyed information was relevant to IDEXX’s antitrust standing defense, which raised questions about Cyntegra’s preparedness to enter the marketplace. The district court also correctly concluded that IDEXX suffered prejudice because it was deprived of relevant, non-cumulative evidence to support its theories in defense of the case.

Cyntegra did not cite, and independent research did not uncover, legal authority supporting the argument that the district court abused its discretion by striking Dr. Mody’s expert rebuttal report. Finally, the district court did not abuse its discretion by denying Cyntegra’s request for leave to file an untimely motion to exclude IDEXX’s expert testimony. Cyntegra waited to file its motion until four days before the law and motion cut-off. Although Cyntegra’s counsel argued before the district court that she could not file the motion earlier for good cause due to a medical emergency, the district court noted that during the supposed period of medical emergency, she was able to file at least six exparte applications, as well as other motions and oppositions. Moreover, Cyntegra failed to seek leave in a timely manner notwithstanding the fact that it had provided weeks of notice regarding its intent to challenge IDEXX’s expert testimony. We cannot find an abuse of discretion on this record.

Turning to Cyntegra’s substantive antitrust claims, the appeal judges affirmed the district court’s grant of summary judgment in favor of IDEXX because, on the present record, Cyntegra did not demonstrate that there were genuine factual reasons for Cyntegra to pursue its antitrust claims. In order to establish antitrust standing, Cyntegra would have to prove antitrust injury. “Only an actual competitor or one ready to be a competitor can suffer antitrust injury.” A prospective participant “has standing if he can show a genuine intent to enter the market and a preparedness to do so. The appeal reviewed the 4 criteria detailed above and concluded that, as a matter of law, Cyntegra lacked antitrust standing. Cyntegra had meager background or experience in the animal testing services industry. Its founder and CEO Simon Brodie, had no background education or experience in molecular diagnostic testing, or in the relevant science, technology, and business generally. Except for Dr. Okumabua’s declaration that he provided roughly six months of research and development assistance to Cyntegra, the evidence indicated that Cyntegra operated through a skeleton crew of part-time outside consultants who lacked any background or experience in the prospective business. The record also belied Cyntegra’s claim that it had consulted with a veterinarian on its product line, as Dr. Werber only acted as a litigation consultant. The record also indicated that Cyntegra had taken only preliminary steps to engage in its proposed business. Even considering the e-mails suggesting negotiations with three distributors and potential pre-orders for its product, there was scant evidence that Cyntengra’s were making positive efforts to enter the market. Noticeably absent was documentary evidence regarding the actual production of the testing kits Cyntegra claimed to sell. Cyntegra had never leased any commercial office space, equipment, or a laboratory. Although Cyntegra contended that it proposed to use outside laboratories to process testing samples, there was no record the supposed agreements it had with two outside laboratories.

Cyntegra submitted no evidence in the record (apart from Brodie’s declaration and deposition testimony) to support its claim that it had filed patent applications for its canine and feline diagnostic tests. In addition, Cyntegra had not conducted appropriate validation testing of its product, which is a significant step toward acceptance of a credible product in the marketplace. In addition, Cyntegra submitted no specific evidence of its ability to finance its nascent enterprise or evidence of any ongoing efforts to raise capital in order to enter the market. Finally, Cyntegra produced no evidence of consummated contracts with distributors or end-users, and its counsel confirmed at oral argument that it had no consummated contracts. Similarly, Cyntegra produced no evidence of other types of contracts that one might expect from a business that is ready to enter the marketplace, such as contracts with its consultants, suppliers, manufacturers, or the outside laboratories Cyntegra intended to use to test samples. Based on those records, the Appeal judges concluded that Cyntegra lacked antitrust standing and there was no substance to its antitrust claims against IDEXX. As stipulated by Cyntegra’s counsel, none of Cyntegra’s remaining claims survived summary judgment based on that lack of antitrust standing. Therefore the district court properly granted summary judgment on Cyntergra’s antitrust claims. The district court’s orders, that were challenged by this appeal, were AFFIRMED.

IDEXX Laboratories Prevails in Antitrust Case (2nd Nov, 2007)

The court dismissed all eight claims against IDEXX. Earlier this year, IDEXX defeated Cyntegra's motion for preliminary injunction seeking to prevent IDEXX from enforcing its distribution agreements and offering certain bundled products.

FLEXPETZ

CEO With Sordid Past Behind Flexpetz Dog Sharing Service
FlexPetz Press Release

Press Release: World's only Pininfarina-designed hotel is home to first Flexpetz canine ambassador program. For pet-deprived hotel guests unable to travel with their own dogs or wanting to feel more at home when they travel, the Flexpetz Canine Hotel Ambassador program aims to provide that sense of familiarity and comfort. Guests at the exclusive Keating hotel in San Diego now have an opportunity to get their doggy fix with the launch of the first Flexpetz Canine Hotel AmbassadorTM program. The hotel's newest guest ambassador, a gorgeous black Afghan hound named Rupert, meets and greets guests upon arrival and along with his knowledgeable Flexpetz handler, acts as a formidable city tour guide. Rupert is available to accompany guests on walks throughout San Diego's historic Gaslamp Quarter, on shopping trips to the outdoor malls or just spending time with guests in the hotel. Quickly becoming a local celebrity, Rupert even has his own business cards and hotel e-mail address. [...] Flexpetz manages all logistics of the Canine Hotel Ambassador program, including hiring experienced, personable handlers as well as locating and training dogs that fit with the atmosphere of the property. The program is especially attractive to hotel operators looking to differentiate themselves from their competitors and is free and exclusive to hotel guests. Flexpetz is already planning the expansion of the Flexpetz Canine Ambassador Program into other hotel markets in early 2008.

According to the Itchmo report, ever since Brodie moved to the United States, he had been linked to pets or animals in his ventures and was shadowed by a history of failed ventures, lawsuits, unpaid bills, and fraud allegations. Brodie apparently characterized his past by saying “I’ve had some hits, some misses.” Brodie was appointed the CEO of Tetros, Inc. — a firm purchased by ColdStar Capital — on April 4, 2007. Flexpetz's press release n April 2007 described the company as a wholly owned subsidiary of Tetros, who were both owned by ColdStar Capital. ColdStar, listed its president as Jonathon Nicholson and was based out of the Cayman Islands. However, Brodie denied having any knowledge about ColdStar Capital until confronted with the SEC filing listing him as CEO of Tetros, Brodie. He declined to provide a phone number for Nicholson and the reference to ColdStar Capital was immediately removed from the Flexpetz website.

FlexPetz Holdings was owned by the Brodie company Asensia Inc. Its PR said that with an initiation fee of $200, as well as a standard monthly fee of $50 and required minimum rental of two visits per month at $29.99 on a weekday and $39.99 on a weekend, FlexPetz promotional releases said it was only for serious canine people. According to Business 2.0 Magazine, Marlena Cervantes (a former behavioural therapist) founded Flexpetz. Rental and registration fees were $120 per month and each dog arrived with its own bed, bowls, leash, chew toys, doggy waste bags, and prepackaged and premeasured dog food. Each dog carried an embedded chip with GPS and temperature sensors so Flexpetz can find it if it strays and make sure it's not too hot or too cold. The dogs are screened to determine how many humans they can handle, and when they aren't out on assignment, they spend their time in cage-free day-care centers. According to 9New.com, For an annual fee of $99.95, a monthly payment of $49.95 and a per-visit charge of $39.95 a day the dogswere from Cervantes' 10-dog crew of Afghan hounds, Labrador retrievers and Boston terriers. When Massachusetts was targeted by the pet rental service FlexPetz, State Representative Paul Frost penned a bill designed to prohibit pet rentals. “An Act Prohibiting the Renting of Pets” (H.D. 4864) would send a message to companies trying to exploit pets in novel ways and would also serve as a model for the USA as to how responsible stewardship for pets is best achieved — by rejecting such exploitive practices. Boston city council banned pet rentals. Under the proposal, any individual caught renting a dog would be fined $300 and the dog would be impounded. No one from FlexPetz attending the meeting, but in an interview with the Boston Herald, Cervantes said: ""We are a small company, and we just don't have the budget to fly out because the government is interfering in our business." ultimately pet rental was banned and an attempt to set up FlexPetz in the UK did not succeed.

A ColdStar Capital press release said: Mr. Simon Brodie, Chairman of the Board, President and Chief Executive Officer has over 20 years of international management, sales, marketing and trouble-shooting experience. He has managed divisions of multinational corporations and has guided startup companies from start-up through acquisition. Mr. Brodie has worked with organizations including United Kingdom’s National Health Service, Barclays Bank, HSBC, National Freight, Computer Sciences Corporation and JP Morgan. In 2004, he established companies to operate the new concept of high-priced domestic “lifestyle pets” which has resulted in worldwide acclaim for this new sector of the multi-billion dollar pet industry.

TETROS INC / COLDSTAR CAPITAL / ASENSIA INC

CEO With Sordid Past Behind Flexpetz Dog Sharing Service
Form 8-K Tetros Inc
SEC Report, Tetros Inc
Market Visual for Brodie

Address: Tetros, Inc. 1000 N. West Street, Wilmington, Delaware 19801