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UPDATE 1-Bavarian to file new claim vs Oxford Biomedica

Mon Jan 12, 2009 9:29am EST

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COPENHAGEN, Jan 12 (Reuters) - Denmark's Bavarian Nordic (BAVA.CO) said on Monday it would file a new patent infringement complaint in its suit against Britain's Oxford BioMedica (OXB.L) after a United States judge dismissed the first allegation.

Bavarian said in a statement it would file a new complaint within 14 days and the case was thus still pending.

Oxford BioMedica earlier on Monday said the U.S. District Court for the Southern District of California had dismissed the claim because it did not state a legal claim for patent infringement.

Bavarian claims that Oxford BioMedica has infringed its patents by commercializing patented technology in ways that have yielded large development payments for TroVax, a therapeutic cancer vaccine.

Oxford BioMedica argues that patent infringement actions could not yet be filed because TroVax is still being evaluated in clinical trials. (Reporting by Kim McLaughlin; Editing by Jon Loades-Carter)



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