Response to re-filed US litigation

RNS Number : 3273M
Oxford Biomedica PLC
27 January 2009






   27 JANUARY 2009




Oxford, UK - 27 January 2009Oxford 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."



For further information, please contact:


Oxford BioMedica plc: 

John Dawson, Chief Executive Officer

Nick Woolf, Chief Business Officer


Tel: +44 (0)1865 783 000

JPMorgan Cazenove Limited:

James Mitford/ Gina Gibson


Tel: +44 (0)20 7588 2828

City/Financial Enquiries:

Lisa Baderoon/ Mark Court/ Mary-Jane Johnson Buchanan Communications


Tel: +44 (0)20 7466 5000

Scientific/Trade Press Enquiries:

Katja Stout/ Holly Griffiths/ John McIntyre

College Hill Life Sciences


Tel: +44 (0)20 7457 2020

US Enquiries:

Thomas Fechtner

The Trout Group LLC


Tel: (646) 378 2900


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


  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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