OXFORD BIOMEDICA RESPONSE TO BAVARIAN NORDIC'S US LITIGATION
Oxford, UK - 01 July
2008: Oxford BioMedica (LSE: OXB), a leading gene therapy company, today announces that it has been informed that Bavarian Nordic filed a patent infringement action against Oxford BioMedica plc, BioMedica Inc. and Oxford BioMedica (UK) Ltd., in the United States District Court for the Southern District of California regarding US Patent Nos. 6,761,893, 6,913,752, and 7,335,364, which relate to Modified Vaccinia Ankara (MVA). These patents correspond to Bavarian Nordic's European Patent No. 1335987, which is the subject of multiple oppositions, all asserting the invalidity of the claimed technology.
Bavarian Nordic's claim is that the MVA vector system employed in Oxford BioMedica's therapeutic cancer vaccine, TroVax, which is in clinical development, infringes these US patents.
Oxford BioMedica views Bavarian Nordic's US litigation as being without merit. Oxford BioMedica is confident in its position, is fully prepared to oppose this action vigorously, and will seek all appropriate relief against Bavarian Nordic.
Peter Nolan, Oxford BioMedica's Senior Vice President, Commercial Development, commented: "Throughout our 11 year history, Oxford BioMedica has been diligent to ensure that it has freedom to operate for all its development programmes and is entirely respectful of the intellectual property that has been developed by others. We believe that Bavarian Nordic's claim is unwarranted and we have a high degree of confidence that this action will prove fruitless for Bavarian Nordic."
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