U.S. International Trade Commission initiates investigation against Acambis plc MVA smallpox vaccine products based on Bavarian Nordic A/S complaint
After a 30-day review period of the complaint, the U.S. International Trade Commission (ITC) based in Washington, DC, instituted today an investigation of patent infringement on MVA smallpox vaccine products marketed by Acambis plc.
The investigation is based on a complaint filed by Bavarian Nordic A/S on 19 August 2005 alleging that Acambis plc imported and sold, and/or offered to sell in the USA, MVA smallpox vaccines that infringe patents owned by Bavarian Nordic. The complaint further alleges misappropriation of Bavarian Nordic’s MVA-BN® proprietary technology.
Bavarian Nordic is requesting the ITC to issue a permanent cease-and-desist order which would prohibit Acambis from importing, selling or offering for sale in the United States its MVA smallpox vaccine or other products that infringe Bavarian Nordic’s patents.
Unlike other courts, the ITC initiates investigations if they find during the required 30-day review period that there is sufficient basis for the complaint filed and it complies with applicable rules. This is the investigation they have now initiated.
Bavarian Nordic and Acambis are involved in a bidding process to supply millions of doses of MVA smallpox vaccine products to the U.S. Department of Health and Human Services (HHS) under the BioShield programme.
Commenting on the ITC investigation Peter Wulff, President and CEO of Bavarian Nordic, said: "We are pleased that the ITC has found basis in our complaint to initiate this investigation. We have taken this action to protect our intellectual property, including proprietary material and two patents issued by the USPTO covering the unique properties of MVA-BN®."
