Bavarian Nordic wins arbitration case against Helmholtz Zentrum München
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Kvistgård, Denmark, April 20, 2011 - Bavarian Nordic A/S (OMX: BAVA) announced
today that the ICC International Court of Arbitration rendered its decision in
the arbitration that has been pending against Helmholtz Zentrum München,
Deutsches Forschungszentrum für Gesundheit und Umwelt GmbH (formerly also known
as GSF).
The tribunal found Helmholtz Zentrum München's claims of rights to royalties on
Bavarian Nordic's MVA-BN® based vaccines, including IMVAMUNE®, to be baseless on
all grounds.
The decision clarifies that Helmholtz Zentrum München has not contributed in any
way to the creation of the MVA-BN® technology and the invention behind the MVA-
BN® patents. Consequently, the tribunal found that the MVA-BN® technology has
been created solely by Bavarian Nordic and Helmholtz Zentrum München could not
justify any right to royalties on Bavarian Nordic's MVA-BN® based vaccines,
including IMVAMUNE®.
The tribunal further ordered that Bavarian Nordic's attorney fees be
reimbursed.
The arbitration request has been pending since August 2009 and was based on two
old agreements with Bavarian Nordic from 1994 and 1997 regarding a collaboration
on certain recombinant vaccines, which was formally terminated in 2001.
Anders Hedegaard, President & CEO of Bavarian Nordic said: "We have again
successfully defended our right to the MVA-BN® patents. The outcome in this case
underscores our unique position in the MVA field based on the MVA-BN® patents
and we are very pleased to leave this conflict behind us."
Asger Aamund
Chairman of the Board
Contact
Anders Hedegaard, President & CEO. Phone +45 23 20 30 64
About Bavarian Nordic
Bavarian Nordic 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 clinical pipeline
targets cancer and infectious diseases, and includes seven development
programmes. Two programmes under preparation for Phase III: PROSTVAC(®), a
therapeutic vaccine for advanced prostate cancer is being developed under a
collaboration agreement with the National Cancer Institute, and IMVAMUNE(®), a
third-generation smallpox vaccine is being developed under a contract with the
US government.
Bavarian Nordic is listed on NASDAQ OMX Copenhagen under the symbol BAVA.
For more information please visit www.bavarian-nordic.com
PROSTVAC(®) is a registered trademark in the U.S.
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