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Bavarian Nordic's Case Against Oxford BioMedica

Monday, January 12, 2009 General News J E 4
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KVISTGARD, Denmark, January 12 Bavarian Nordicowns several United States patents relating to an attenuated strain of thecompany's core technology, MVA-BN(R), which is the basis for its smallpoxvaccine, IMVAMUNE(R). MVA-BN(R) also holds promise as a vector for deliveringrecombinant vaccines. Bavarian Nordic has asserted three US patents as abasis for its infringement action. The claim in this case is that OxfordBioMedica has infringed Bavarian Nordic's patents by commercializing thepatented technology in ways that have yielded large payments fromSanofi-Aventis under the agreement between them for the development andcommercialization of TroVax(R).

Oxford BioMedica argues that the law suit is premature because TroVax(R)is still being evaluated in clinical trials.

In Bavarian Nordic's patent infringement suit against Oxford BioMedica,in the United States, the Judge has for procedural reasons dismissed thefirst complaint but has encouraged Bavarian Nordic to file a new complaintwithin 14 days, to provide the court with more information. Bavarian Nordicwill file such a new complaint and thus the case is still pending at thecourt awaiting new information from Bavarian Nordic.

If the court eventually should decide to dismiss the suit this decisionwill bear no influence on the substance of the patent case. It onlyinfluences the timing of the start of the infringement case.

Anders Hedegaard President and CEO of Bavarian Nordic: "Until nowBavarian Nordic has successfully defended its valuable intellectual propertyrelated to the MVA technology. We will continue vigorously to defend ourpatents against any infringement that threatens Bavarian Nordic's fullcommercialization of its intellectual property."

Forward-looking statements

This announcement includes "forward-looking statements" that involverisks, uncertainties and other factors, many of which are outside of ourcontrol that could cause actual results to differ materially from the resultsdiscussed in the forward-looking statements. Forward-looking statementsinclude statements concerning our plans, objectives, goals, future events,performance and/or other information that is not historical information. Weundertake no obligation to publicly update or revise forward-lookingstatements 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 companydeveloping and producing novel vaccines for the treatment and prevention oflife-threatening diseases with a large unmet medical need. The company'sbusiness strategy is focused in three areas: biodefence, cancer andinfectious diseases. Bavarian Nordic's proprietary and patented technologyMVA-BN(R) is one of the world's safest, multivalent vaccine vectors. BavarianNordic has ongoing contracts with the US government for the late-stagedevelopment and procurement of the company's third-generation smallpoxvaccine, 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
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