Bavarian Nordic's re-filed la

RNS Number : 9925R

Oxford Biomedica PLC

11 May 2009

 



For Immediate Release	11 MAY 2009

OXFORD BIOMEDICA CONTINUES TO REJECT BAVARIAN NORDIC'S UNWARRANTED PATENT INFRINGEMENT CLAIMS

Oxford, UK - 11 May 2009: Oxford BioMedica (LSE: OXB), a leading gene therapy company, today announces that it will continue to defend vigorously Bavarian Nordic's unwarranted claims of patent infringement. This follows a decision by the Judge in the US District Court for the Southern District of California allowing the re-filed case by Bavarian Nordic to proceed. 

Oxford BioMedica maintains that the re-filed complaint by Bavarian Nordic merely re-states previous claims of the original complaint, which was dismissed by the Court in January 2009. The Court found that the allegations put forward by Bavarian Nordic in its original complaint did not state a legal claim that TroVax®, Oxford BioMedica's therapeutic cancer vaccine, infringes Bavarian Nordic's US patents relating to Modified Vaccinia Ankara (MVA). 

The Court's decision to proceed with the re-filed case is not a substantive event and has no bearing on the merits of Bavarian Nordic's insupportable assertions. Oxford BioMedica will avail itself of all appropriate remedies against and seek relief from Bavarian Nordic's actions.  

John Dawson, Oxford BioMedica's Chief Executive Officer, commented: 'Bavarian Nordic's original complaint was dismissed by the Court and we consider that its re-filed complaint, which includes no additional claims, is similarly without merit. In our view, Bavarian Nordic's actions are an improper attempt to impede our continuing endeavours to pursue legitimate collaborative development of TroVax for the potential benefit of cancer patients. We have a high degree of confidence that we will prevail against Bavarian Nordic's baseless claims.'  

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For further information, please contact:
Oxford BioMedica plc:  John Dawson, Chief Executive Officer	Tel: [phone]
JPMorgan Cazenove Limited: James Mitford/ Gina Gibson	Tel: [phone]
City/Financial Enquiries: Lisa Baderoon/ Mark Court/ Mary-Jane Elliott Buchanan Communications	Tel: [phone]
Scientific/Trade Press Enquiries: Sue Charles/ Holly Griffiths/ John McIntyre College Hill Life Sciences	Tel: [phone]
US Enquiries: Thomas Fechtner The Trout Group LLC	Tel: [phone]

Notes to editors

1. Oxford BioMedica

Oxford BioMedica (LSE: OXB) is a biopharmaceutical company developing innovative gene-based medicines and therapeutic vaccines that aim to improve the lives of patients with high unmet medical needs. The Company's technology platform includes a highly efficient gene delivery system (LentiVector®), which has specific advantages for targeting diseases of the central nervous system and the eye; and a unique tumour antigen (5T4), which is an ideal target for anti-cancer therapy. Through in-house and collaborative research, Oxford BioMedica has a broad pipeline. Partners include sanofi-aventis, Sigma-Aldrich and Wyeth. Technology licensees include Biogen-Idec, GlaxoSmithKline, Merck & Co and Pfizer. Further information is available at www.oxfordbiomedica.co.uk

2. TroVax® 

TroVax is Oxford BioMedica's novel therapeutic cancer vaccine, which is designed specifically to stimulate an anti-cancer immune response and has potential application in most solid tumour types. TroVax targets the tumour antigen 5T4, which is broadly distributed throughout a wide range of solid tumours. The presence of 5T4 is correlated with poor prognosis. The product consists of a Modified Vaccinia Ankara vector, which delivers the gene for 5T4 and stimulates a patient's body to produce an anti-5T4 immune response. This immune response destroys tumour cells carrying the 5T4 antigen.

 

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