Summary: In a decision yesterday the Appeal Board of the European Patent Office
upheld Pharmexa's patent on GV1001
In May 2004 the US biotech company Geron filed an opposition against Pharmexa's
issued European patent (EP1093381) covering the telomerase vaccine GV1001. In
2005, the Opposition Division of the European Patent Office refused to grant
Geron's request for invalidation of the issued patent, but upheld Pharmexa's
patent with claims providing substantial and sufficient protection for GV1001.
Yesterday, at an oral proceeding in Munich, Germany, the Appeal Board of the
European Patent Office ruled to uphold Pharmexa's claims covering GV1001,
thereby confirming Pharmexa's exclusive right to anti-cancer immunotherapy
using GV1001 and certain other peptides.
Jakob Schmidt, CEO in Pharmexa says: “Another clear decision by the European
Patent Office the interpretation of which must be that we own GV1001 and are
not dominated by others' patents.”
Pharmexa has issued and validated patents for the GV1001 telomerase vaccine in
a number of European countries as well as an issued patent in the United
States. Pharmexa also has patents issued for GV1001 in Australia and certain
other countries. Pharmexa's issued patent claims cover specific peptides,
including the vaccine GV1001, and their use in cancer immunotherapy. In
addition, divisional patent applications have been filed in both Europe and the
United States. Pharmexa intends to follow and rigorously protect the company's
rights to peptide vaccines against telomerase in the United States and Europe.
As previously disclosed, Pharmexa also filed an opposition against Geron's
European patent (EP841396) to the European Patent Office. In a decision in June
2006, the European Patent Office decided to meet Pharmexa's request to
invalidate three peptide vaccine claims in Geron's patent. The decision
yesterday confirms Pharmexa's view that any valid scope of Geron's European
patent will not provide a patent protection that can be of hindrance to
Pharmexa's continued activities with GV1001.
Hørsholm, August 31, 2007
Jakob Schmidt
Chief Executive Officer
Additional information: Jakob Schmidt, Chief Executive Officer, telephone +45
4516 2525
Claude Mikkelsen, Head of Investor Relations, telephone +45 4516 2525 or +45
4060 2558
Note to editors: Pharmexa A/S is a leading company in the field of active
immunotherapy and vaccines for the treatment of cancer, serious chronic and
infectious diseases. Pharmexa's proprietary technology platforms are broadly
applicable, allowing the company to address critical targets in cancer and
chronic diseases, as well as serious infectious diseases such as HIV,
influenza, hepatitis and malaria. Its leading programs are GV1001, a peptide
vaccine that has entered phase III trials in pancreatic cancer and phase II
trials in liver cancer, and HIV and hepatitis vaccines in phase I/II.
Collaborative agreements include H. Lundbeck, Innogenetics, IDM Pharma and
Bavarian Nordic. With operations in Denmark, Norway and USA, Pharmexa employs
approximately 105 people and is listed on the Copenhagen Stock Exchange under
the trading symbol PHARMX.
