U.S. International Trade Commission requests additional briefing relating to remedy
The U.S. International Trade Commission (“ITC”) has requested additional briefing from the parties due to the information that Acambis by the end of 2006 was notified by the U.S. Department of Health & Human Services (“HHS”) that they are out of competitive range for an award as part of the Modified Vaccinia Ankara (“MVA”) smallpox vaccine tender process. The issue the ITC considers is whether the ITC investigation thereby has become or will soon become irrelevant. To accommodate briefing on this issue the ITC has extended the target date of the Final Determination to 21 February 2007.
Bavarian Nordic A/S filed a complaint to the ITC on 19 August 2005 alleging that Acambis plc imported, sold, and/or offered to sell in the USA its MVA-based smallpox vaccines that infringe patents owned by Bavarian Nordic. Bavarian Nordic requested in its filing that the ITC issue a permanent cease and desist order to Acambis which would prohibit the company from importing, selling or offering to sell their MVA-based smallpox vaccine in the USA.
