Response to re-filed US litig

RNS Number : 3273M

Oxford Biomedica PLC

27 January 2009

 



FOR IMMEDIATE RELEASE	27 JANUARY 2009

OXFORD BIOMEDICA RESPONSE TO BAVARIAN NORDIC'S RE-FILED US LITIGATION 

Oxford, UK - 27 January 2009: Oxford BioMedica (LSE: OXB), a leading gene therapy company, today announces that Bavarian Nordic has re-filed a patent infringement action against Oxford BioMedica plc, BioMedica Inc. and Oxford BioMedica (UK) Ltd., in the US District Court for the Southern District of California. Bavarian Nordic has re-stated its previous claim that TroVax, Oxford BioMedica's therapeutic cancer vaccine, infringes Bavarian Nordic's US patents relating to Modified Vaccinia Ankara (MVA).

On 9 January 2009, the Court granted Oxford BioMedica's motions to dismiss the case set forth in Bavarian Nordic's original complaint without prejudice. The Court found that the allegations regarding past and ongoing clinical trials of TroVax did not state a legal claim for patent infringement. 

Oxford BioMedica continues to view 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: 'Bavarian Nordic's original complaint was dismissed by the Court and this re-filed complaint contains no new evidence; it is no more than a re-statement of the arguments that the Court has already rejected. With our partner, sanofi-aventis, we remain convinced that Bavarian Nordic's claim is unwarranted and we have a high degree of confidence that this re-filed action will prove equally fruitless for Bavarian Nordic.'

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For further information, please contact:
Oxford BioMedica plc:  John Dawson, Chief Executive Officer Nick Woolf, Chief Business Officer	Tel: [phone]
JPMorgan Cazenove Limited: James Mitford/ Gina Gibson	Tel: [phone]
City/Financial Enquiries: Lisa Baderoon/ Mark Court/ Mary-Jane Johnson Buchanan Communications	Tel: [phone]
Scientific/Trade Press Enquiries: Katja Stout/ 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 specialising in cancer immunotherapy and gene-based therapies. The Company was established in 1995, as a spin-out from Oxford University, and is listed on the London Stock Exchange. The Company has a platform of gene delivery technologies, which are based on highly engineered viral systems, and a broad development pipeline. Oxford BioMedica's lead product candidates are TroVax®, a therapeutic vaccine for multiple solid cancers, in Phase III development in collaboration with sanofi-aventis; and ProSavin®, a novel gene-based treatment for Parkinson's disease, in Phase I/II development. The Company is underpinned by over 80 patent families, which represent one of the broadest patent estates in the field. Oxford BioMedica has collaborations with sanofi-aventis, Wyeth, Sigma-Aldrich, MolMed and Virxsys. Technology licensees include Biogen Idec, Merck & Co, GlaxoSmithKline and Pfizer. Further information is available at www.oxfordbiomedica.co.uk

  2. TroVax® 

TroVax is Oxford BioMedica's novel therapeutic cancer vaccine, which is being developed in collaboration with sanofi-aventis. It 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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