EXHIBIT 5.1
LAW OFFICES
LIPPENBERGER,THOMPSON,WELCH,SOROKO &GILBERT LLP
201 TAMAL VISTA BLVD.
CORTE MADERA, CA 94925
(415) 927-5200
| | FACSIMILE |
| RICHARD S. SOROKO | (415) 927-5210 |
| | email: rsoroko@LTWS.com |
| | |
| | SAN FRANCISCO OFFICE |
| | (415) 262-1200 |
February 9, 2005
Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549
| | | Registration Statement on Form S-8 |
Ladies/Gentlemen:
We are counsel to BioTime, Inc. (the "Company") in connection with the registration of1,000,000 common shares, no par value, of the Company (the "Shares") and 1,000,000 options topurchase common shares, no par value, of the Company (the "Options") under the Securities Act of1933, as amended, on Form S-8 (the “Registration Statement”). The Shares and Options are issuableunder the Company's 2002 Stock Option Plan, as amended (the "Plan").
We are of the opinion that when the Shares are issued and sold pursuant to the Plan and uponthe exercise of the Options, in accordance with the terms and provisions of the Options, the Shareswill be legally and validly issued and outstanding, fully paid and nonassessable.
The foregoing opinion is limited to the laws of the State of California and the Federal lawsof the United States of America.
We hereby consent to the use of our opinion in the Registration Statement.
Very truly yours,
Lippenberger, Thompson, Welch, Soroko & Gilbert LLP
