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Bavarian Nordic and Acambis settle legal dispute

Bavarian Nordic and Acambis reach an out-of-court global settlement over legal disputes regarding smallpox vaccines based on the Modified Vaccinia Ankara virus

Danish vaccine developer Bavarian Nordic and UK-based Acambis have reached an out-of-court global settlement over legal disputes regarding smallpox vaccines based on the Modified Vaccinia Ankara (MVA) virus.

Under the settlement Bavarian Nordic will grant a license to some of its MVA patents in return for Acambis making an undisclosed upfront payment.

Acambis will also make royalty and milestones payments should it develop or commercialise certain MVA products in the future.

The settlement involves the patent disputes at the U.S. International Trade Commission (ITC) and the Commercial Court in Vienna, Austria, as well as the conversion, unfair trade acts and unfair competition action at the US Federal District Court of the District of Delaware.

The terms of the out-of-court settlement are confidential, and there will be no further litigation or appeals. The financial guidance for both Bavarian Nordic and Acambis remain unchanged.

"This settlement brings to an end the litigation between our two companies and provides a basis for both companies to progress their respective vaccine businesses unhindered by these legal disputes," said Peter Wuff, president and CEO of Bavarian Nordic, and Ian Garland, CEO of Acambis in a joint statement.

In September 2006, an administrative judge at the International Trade Commission (ITC) ruled that two patents related to Bavarian's MVA vaccine were infringed but valid. The ITC in February sent the case back to the judge, with a new decision due in November.

The two companies will now submit a joint motion to the ITC for the termination of that investigation.

26th July 2007

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