The Federal District Court of the District of Delaware has dismissed the Danish company’s claims against UK biotech Acambis, cancelling an upcoming trial over the allegations. Bavarian Nordic intends to appeal the decision.
Bavarian Nordic had claimed that Professor Anton Mayr, the creator of modified vaccinia Ankara (MVA) used to make Bavarian Nordic’s smallpox vaccine Imvamune, had supplied a specific sample to a scientist for research purposes only.
The biopharmaceutical ompany said that Acambis received reproduced MVA virus material from this specific sample which it used to produce its smallpox vaccine MVA3000, for which the company is seeking approval in the US. The order holds that subsequent passages turns reproduced biological material into different personal property and that such material therefore cannot be converted.
Bavarian Nordic claims that as virus material is produced by reproduction, the court’s ruling would eliminate the value of man made biological material.
However, Ian Garland, CEO of Acambis, said: “This decision confirms our position that Acambis did not engage in improper conduct in developing our MVA3000 vaccine. This is the second time we have litigated claims by Bavarian Nordic relating to MVA and the second time that the court has ruled in favor of Acambis.”
In April, Bavarian Nordic won a lucrative contract from the US government to produce the vaccine for the BioShield program after years of competition with Acambis. Bavarian said that the court order has no significance on the final discussions with the US government on this contract.