Press release of May 10, 2012

The Helmholtz Centre Munich, German Centre of Research for Health and Environment (Helmholtz Zentrum München, Deutsches Forschungszentrum für Gesundheit und Umwelt GmbH, formerly GSF, Gesellschaft für Strahlenschutz – Society for Radiation Research) is not entitled to any rights to license fees or royalties of Danish Bavarian Nordic A/S and German Bavarian Nordic GmbH from sales of MVA-BN® -based pox vaccines, including the well-known vaccine candidate IMVAMUNE®

This was decided by an ICC Arbitration Court under a former Presiding Judge of the German Federal Supreme Court in a final arbitration judgment of April 15, 2011. The suit brought by Helmholtz Centre Munich was dismissed as unfounded and Helmholtz Centre Munich was sentenced to pay a several hundred thousand Euros of refunds to Bavarian Nordic. ICC arbitration law does not provide for any right to appeal the final arbitration judgment.

The basis of the lawsuit was the MVA-BN patent family of Bavarian Nordic and the thereby protected pox vaccine candidate IMVAMUNE®. According to the pleading of Helmholtz Centre Munich, Bavarian Nordic had been initially supported financially by the U.S. Department of Health and Human Services (HHS) of the United States in the range of several hundred million US-Dollars, in particular for a supply of 20.5 million doses of IMVAMUNE®. Helmholtz Centre Munich claimed co-inventor’s rights in the MVA-BN patent family on the grounds of an alleged participation of its employees in the development of the underlying invention and that it was entitled to receive a financial compensation deriving from a cooperation agreement calculated on the corresponding revenues of Bavarian Nordic, in particular in the turnover made with IMVAMUNE®.

The Arbitration Court now found that Helmholtz Centre Munich was not entitled to any such rights and claims.

Representatives GSF/Helmholtz Zentrum

Raupach & Wollert-Elmendorff (Frankfurt): Peter Homberg, Associates: Dr. Stefanie Greifeneder, Andrea Veh

Representatives Bavarian Nordic

BARDEHLE PAGENBERG (Munich):
Dr. Jochen Pagenberg (Attorney-at-Law),
Dr. Thomas Friede (Patent Attorney),
Dr. Tilman Müller-Stoy (Attorney-at-Law)

ICC Arbitration Court:

Prof. Dr. Eike Ullmann (Presiding Arbitration Judge) (formerly presiding judge at the German Federal Supreme Court)

Attorney-at-Law Dr. Rüdiger Hermann (Arbitration Judge)

Patentanwalt Dr. Christoph Keussen (Arbitration Judge)

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