The Court Supports Bavarian Nordic's Decision to Start Patent Infringement Case Against Oxford BioMedica
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 severalUnited Statespatents 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 Presidentand 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".
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