Medeva Losses Out To Biogen On Hep B Patent

The European Patent Office has reversed on appeal its 1992 decision to revoke the US company Biogen's patent on hepatitis B vaccine, leaving the UK's Medeva the loser regarding its plans for the development of a hepatitis B vaccine (see also Marketletter August 1).

The reversal means that the courts of individual countries will be left with the responsibility to determine validity and any infringement of the patent. In the UK, Medeva is appealing a High Court judgement made last November (Marketletters passim), which found that it had infringed Biogen's patent. The appeal was concluded recently but a decision is not expected until the early fall.

"The European Patent Office's decision is a surprise and a disappointment," said Bill Bogie, Medeva's chief executive. He added: "we will await the result of our appeal in London later this year. If successful, this will allow us to continue to develop and then market what we believe to be our superior hepatitis B vaccine in the UK and certain other countries, and in the Far East."