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

KVISTGARD, Denmark - 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 www.bavarian-nordic.com

Source: Bavarian Nordic A/S

Contact: Anders Hedegaard, President & CEO, Bavarian Nordic, +45-23-20-30-64