The Court Supports Bavarian Nordic's Decision to Start Patent Infringement Case Against Oxford BioMedica
09 Mayo 2009 - 7:17AM
PR Newswire (US)
KVISTGARD, Denmark, May 9 /PRNewswire-FirstCall/ -- Oxford
Biomedica's second attempt to dismiss Bavarian Nordic's patent
infringement suit in the United States has failed. Instead of
denying infringement, Oxford Biomedica made yet another attempt to
dismiss the suit arguing that it was premature because TroVax(R)
was still evaluated in clinical trials. The court ruled against
Oxford Biomedica and the case will thus continue, based on the
substance of the patents. Bavarian Nordic owns several United
States patents relating to an attenuated strain of the company's
core technology, MVA-BN(R), which is the basis for its smallpox
vaccine, IMVAMUNE(R). MVA-BN(R) also holds promise as a vector for
delivering recombinant vaccines. Bavarian Nordic has asserted four
US patents as a basis for its infringement action. The claim in
this case is that Oxford BioMedica has infringed Bavarian Nordic's
patents by commercializing the patented technology in ways that
have yielded large payments from Sanofi-Aventis under the agreement
between them for the development and commercialization of
TroVax(R). Anders Hedegaard President and CEO of Bavarian Nordic:
"We are pleased with the decision in the court case allowing
Bavarian Nordic to continue to defend its valuable intellectual
property related to the MVA-BN(R) technology. We will continue
vigorously to defend our patents against any infringement that
threatens Bavarian Nordic's full commercialization of its
intellectual property". Forward-looking statements This
announcement includes "forward-looking statements" that involve
risks, uncertainties and other factors, many of which are outside
of our control that could cause actual results to differ materially
from the results discussed in the forward-looking statements.
Forward-looking statements include statements concerning our plans,
objectives, goals, future events, performance and/or other
information that is not historical information. We undertake no
obligation to publicly update or revise forward-looking statements
to reflect subsequent events or circumstances after the date made,
except as required by law. About Bavarian Nordic Bavarian Nordic
A/S is a leading industrial biotechnology company developing and
producing novel vaccines for the treatment and prevention of
life-threatening diseases with a large unmet medical need. The
company's business strategy is focused in three areas: biodefence,
cancer and infectious diseases. Bavarian Nordic's proprietary and
patented technology MVA-BN(R) is one of the world's safest,
multivalent vaccine vectors. Bavarian Nordic has ongoing contracts
with the US government for the late-stage development and
procurement of the company's third-generation smallpox vaccine,
IMVAMUNE(R). Bavarian Nordic is listed on NASDAQ OMX Copenhagen
under the symbol BAVA. For more information please visit
http://www.bavarian-nordic.com/ DATASOURCE: Bavarian Nordic A/S
CONTACT: Contact: Anders Hedegaard, President & CEO, Bavarian
Nordic, +45-23-20-30-64
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