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Pharmexa prevails in opposition against Geron’s European patent


June 14, 2006

Summary: The European Patent Office has granted Pharmexa’s request to invalidate three claims related to peptide vaccines in Geron’s European telomerase patent.

As described in Pharmexa’s prospectus from May 2005, Pharmexa has filed an opposition against the US biotech company Geron’s European patent (EP841396) to the European Patent Office (EPO) and has requested an invalidation of three claims in the patent related to peptide vaccines against telomerase. In a decision yesterday 13 June 2006, the European Patent Office decided to meet Pharmexa’s request to invalidate the three claims in Geron’s patent. Geron has the option to appeal the decision and a final decision may be expected in 2008 at the earliest.

Jakob Schmidt, CEO in Pharmexa says: “I was present myself during the proceedings. It was a clear decision, solidly based on the arguments Pharmexa has presented. I would be surprised if the EPO’s Board of Appeal overturns it.”

Pharmexa has issued and validated patents for the GV1001 telomerase vaccine in 16 European countries and recently received a patent from the US patent authorities regarding GV1001. Pharmexa also has patents issued for GV1001 in Australia. 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 USA. Pharmexa is convinced that the vaccine does not infringe on any rights held by third parties. Pharmexa will follow and protect the company’s rights to peptide vaccines against telomerase in the United States and Europe.

Geron has similarly filed an opposition against Pharmexa’s European patent (EP1093381). 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 modified claims, which still provides Pharmexa with substantial and sufficient protection. This opposition case is expected to be concluded in 2007 following appeal.

Hørsholm, June 14, 2006

Jakob Schmidt
Chief Executive Officer

Additional information:
Jakob Schmidt, Chief Executive Officer, telephone +45 4516 2525

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, rheumatoid arthritis, bone degeneration and Alzheimer’s disease, 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, HER-2 AutoVacä Protein, a recombinant protein vaccine in phase II against breast 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 100 people and is listed on the Copenhagen Stock Exchange under the trading symbol PHARMX.


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