US ITC to review BN vs Acambis vacc dispute

Denmark's Bavarian Nordic AS says that the US International Trade Commission is to review the administrative law judge's initial determination in a dispute between the firm and UK-based vaccine maker Acambis. The company added that it is seeking a reversal on the ruling that its patents were unenforcable.

The Danish group explained that, in its opinion, the September verdict (Marketletter September 18), which concluded that although Acambis' smallpox vaccine MVA3000 infringes on its own Modified Vaccinia Ankara technology patents, that these patents were invalid, was "inconsistent and legally and factually erroneous."

Bavarian Nordic's president, Peter Wulff, said: "our patents are valid as granted by the United States Patent and Trademark office," adding that the company was confident that this position would be confirmed by either the ITC or via an appeal to the Federal Court of Appeal, should such a move become necessary.