The Court Supports Bavarian Nordic’s Decision to Start Patent Infringement Case Against Oxford BioMedica

May 9, 2009

KVISTGARD, Denmark, May 9 /PRNewswire-FirstCall/ — 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 several United States patents 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 President and 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”.

Forward-looking statements

This announcement includes “forward-looking statements” that involve
risks, uncertainties and other factors, many of which are outside of our
control that could cause actual results to differ materially from the results
discussed in the forward-looking statements. Forward-looking statements
include statements concerning our plans, objectives, goals, future events,
performance and/or other information that is not historical information. We
undertake no obligation to publicly update or revise forward-looking
statements to reflect subsequent events or circumstances after the date made,
except as required by law.

About Bavarian Nordic

Bavarian Nordic A/S is a leading industrial biotechnology company
developing and producing novel vaccines for the treatment and prevention of
life-threatening diseases with a large unmet medical need. The company’s
business strategy is focused in three areas: biodefence, cancer and
infectious diseases. Bavarian Nordic’s proprietary and patented technology
MVA-BN(R) is one of the world’s safest, multivalent vaccine vectors. Bavarian
Nordic has ongoing contracts with the US government for the late-stage
development and procurement of the company’s third-generation smallpox
vaccine, IMVAMUNE(R).

Bavarian Nordic is listed on NASDAQ OMX Copenhagen under the symbol BAVA.

For more information please visit http://www.bavarian-nordic.com

SOURCE Bavarian Nordic A/S

Source: newswire

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