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MediGene AG Defends Dominating Patent Portfolio in the Field of Cancer-killing Viruses (Oncolytic HSV)


June 8, 2006

Martinsried/Munich – San Diego, . Today the German-American biotech company MediGene AG (Frankfurt, TecDAX, Prime Standard: MDG) has announced that it has successfully repelled the opposition against a patent on HSV in final instance before the Boards of Appeal at the European Patent Office. The patent as maintained protects a production method for herpes simplex virus-1 vaccines including specific oncolytic herpes simplex viruses (cancer-killing HSV) developed by MediGene. The University College of London and the University Court of the University of Glasgow had opposed the patent. The two companies BioVex Ltd., and Crusade Laboratories Ltd., respectively, emerged from these two universities. MediGene had acquired an exclusive license under the patent from the University of Chicago.

MediGene holds the dominating patents in the field of oncolytic herpes simplex viruses, among which the European patent No. EP 0500917 of the University of Chicago defended is also counted. This protection will not expire until September 2011. In case of marketing authorization prior to that date, the protection may be extended by up to five more years.

"We have strengthened our dominating patent portfolio in the field of cancer-killing herpes simplex viruses. With more than ten families of patents, MediGene owns broad patent protection in the field of therapy by means of oncolytic HSV. Due to our strong patent position it is difficult for our competitors to freely operate using this technology. Even the loss of one individual property right would not affect MediGene’s predominance”, Dr. Peter Heinrich, Chief Executive Officer of MediGene AG, comments.

MediGene’s HSV programs: MediGene is developing two strains of oncolytic herpes simplex viruses (HSV). They are designed to selectively multiply in tumor cells, thus destroying the tumor (oncolysis), whereby fewer side effects are expected than in conventional therapies. The NV1020 strain is currently undergoing a clinical phase I/II trial for the treatment of liver metastases from colorectal carcinoma, and the G207 strain is being examined in a clinical phase I trial for the treatment of malignant glioblastoma.

This press release contains forward-looking statements that involve risks and uncertainties. The forward-looking statements contained herein represent the judgment of MediGene as of the date of this release. These forward-looking statements are no guarantees for future performance, and the forward-looking events discussed in this press release may not occur. MediGene disclaims any intent or obligation to update any of these forward-looking statements. MediGeneTM is a trademark of MediGene AG.

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MediGene AG is a publicly quoted (Frankfurt: TecDAX), German-American biotechnology company located in Martinsried, Germany and San Diego, USA. MediGene is the first German biotech company with a drug on the market. The NDA for a second drug is under review. In addition, MediGene has several oncological drug candidates undergoing clinical development, and possesses innovative platform technologies for drug development. MediGene’s core competence lies in research into and development of novel approaches for the treatment of various cancer and tumor diseases.

Contact MediGene AG:

Fax: ++49 - 89 - 85 65- 2920
Julia Hofmann/Dr. Georg Dönges, Public Relations Tel.: ++49 - 89 85 65- 3317
Dr. Michael Nettersheim, Investor Relations Tel.: ++49 - 89 - 85 65- 2946


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