Acambis plc announces that the Sue L. Robinson, Chief Judge of the US district court for the district of Delaware, granted Acambis' motion for summary judgment and dismissed Bavarian Nordic's case in its entirety. This terminates one of the legal actions brought by Bavarian Nordic against Acambis relating to Modified Vaccinia Ankara (MVA).
The court ruled that Bavarian Nordic's allegations against Acambis were without basis in law or fact. Bavarian Nordic had claimed that Acambis had improperly obtained and converted the MVA strain that was the basis of its MVA3000 vaccine and engaged in unfair competition and unfair trade practices.
The impact of this decision is that the Delaware case has been dismissed in its entirety and that the trial previously scheduled for 5 June 2007 has been cancelled. 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 favour of Acambis."