Bavarian Nordic wins arbitration case against Helmholtz Zentrum München
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Kvistgård, Denmark, April 20, 2011 - Bavarian Nordic A/S (OMX: BAVA) announced today that the ICC International Court of Arbitration rendered its decision in the arbitration that has been pending against Helmholtz Zentrum München, Deutsches Forschungszentrum für Gesundheit und Umwelt GmbH (formerly also known as GSF).
The tribunal found Helmholtz Zentrum München's claims of rights to royalties on Bavarian Nordic's MVA‑BN® based vaccines, including IMVAMUNE®, to be baseless on all grounds.
The decision clarifies that Helmholtz Zentrum München has not contributed in any way to the creation of the MVA-BN®technology and the invention behind the MVA‑BN® patents. Consequently, the tribunal found that the MVA-BN® technology has been created solely by Bavarian Nordic and Helmholtz Zentrum München could not justify any right to royalties on Bavarian Nordic's MVA‑BN® based vaccines, including IMVAMUNE®.
The tribunal further ordered that Bavarian Nordic's attorney fees be reimbursed.
The arbitration request has been pending since August 2009 and was based on two old agreements with Bavarian Nordic from 1994 and 1997 regarding a collaboration on certain recombinant vaccines, which was formally terminated in 2001.
Anders Hedegaard, President & CEO of Bavarian Nordic said: "We have again successfully defended our right to the MVA-BN® patents. The outcome in this case underscores our unique position in the MVA field based on the MVA-BN® patents and we are very pleased to leave this conflict behind us."