U.S. International Trade Commission decides to review Initial Determination issued by the Administrative Law Judge
Today the U.S. International Trade Commission (ITC) decided to review the Administrative Law Judge’s Initial Determination in its entirety. The ITC will by the target date of January 31, 2007, make its Final Determination on the subject matter related to the dispute between Bavarian Nordic and Acambis.
On 7 September 2006 the Administrative Law Judge at the ITC issued his Initial Determination concluding that Acambis plc’s smallpox vaccine product (MVA3000) infringes two of Bavarian Nordic’s patents on Modified Vaccinia Ankara (MVA). In his Initial Determination the Administrative Law Judge also was of the opinion that the patents in question should be held invalid on grounds which in Bavarian Nordic’s opinion are inconsistent and legally and factually clearly erroneous.
Because of its overall disagreement on the aspect of validity of the Initial Determination, Bavarian Nordic is seeking a reversal on this issue. On September 18, 2006, Bavarian Nordic therefore filed a petition for appeal with the ITC Commission, requesting it to review the Administrative Law Judge’s Initial Determination.
Commenting on the developments of the ITC case, Peter Wulff, President and CEO of Bavarian Nordic, said: “Our patents are valid as granted by the United States Patent and Trademark Office (USPTO) and we are confident that this will also be acknowledged by the ITC or by an appeal to the Court of Appeal for the Federal Circuit, if necessary. Right now we are very pleased that the ITC has accepted our petition for review and look forward to a positive outcome.”
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.
