FORM 6-K
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Report of Foreign Private Issuer
Pursuant to Rule 13s - 16 or 15d - 16 of
the Securities Exchange Act of 1934
For the month of May 2007
Acambis plc
(Translation of registrant's name into English)
Peterhouse Technology Park
100 Fulbourn Road
Cambridge CB1 9PT
England
(address of principal executive offices)
(Indicate by check mark whether the registrant files or will file annual
reports under cover of Form 20-F or Form 40-F
Forms 20-F X Form 40-F
Indicate by check mark whether the registrant by furnishing the information
contained in this Form also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the
Securities Exchange Act of 1934).
Yes No X
(if "Yes" is marked, indicate below the file number assigned to the registrant
in connection with Rule 12g3-2(b): 82- ).
Enclosure:
Acambis wins DE MVA case
Acambis wins Delaware MVA case
Cambridge, UK and Cambridge, Massachusetts - 16 May 2007 - Acambis plc (Acambis)
(LSE: ACM) announces that the Hon. 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. The court's opinion is publicly available at
http://www.ded.uscourts.gov/SLRmain.htm
Ian Garland, Chief Executive Officer 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."
-ends-
Enquiries:
Acambis plc
Ian Garland, Chief Executive Officer
Elizabeth Brown, Acting Chief Financial Officer
Lyndsay Wright, VP, Communications and IR
Tel: +44 (0) 1223 275 300
Brunswick
Jon Coles / Justine McIlroy / Margherita Lupi
Tel: +44 (0) 20 7404 5959
About Acambis
Acambis is a leading biotechnology company targeting infectious diseases with
novel vaccines. Acambis' development-stage pipeline includes vaccines that could
either offer improvements over existing products or target unmet medical needs.
As well as ChimeriVax-JE, Acambis' proprietary ChimeriVax technology, developed
in association with St Louis University, has also been used to develop
ChimeriVax-West Nile, which is undergoing Phase 2 clinical testing, making it
the most advanced investigational vaccine against the West Nile virus. Acambis
also has the only vaccine in development against Clostridium difficile bacteria,
a leading cause of hospital-acquired infections. Recognised internationally as
the leading producer of smallpox vaccines, Acambis is developing an
investigational smallpox vaccine, ACAM2000, and is manufacturing emergency-use
stockpiles of this investigational vaccine for the US Government and other
governments around the world.
Acambis is based in Cambridge, UK and Cambridge, Massachusetts, US, and is
listed on the London Stock Exchange (ACM). More information is available at
www.acambis.com.
"Safe Harbor" statement under the Private Securities Litigation Reform Act of
1995:
The statements in this news release that are not historical facts are
forward-looking statements that involve risks and uncertainties, including the
timing and results of clinical trials, product development, manufacturing and
commercialisation risks, the risks of satisfying the regulatory approval process
in a timely manner, the need for and the availability of additional capital. For
a discussion of these and other risks and uncertainties see "Risk management" in
the Company's 2005 Annual Report and "Risk factors" in its Form 20-F, in
addition to those detailed on the Company's website and in the Company's filings
made with the Securities and Exchange Commission from time to time. These
forward-looking statements are based on estimates and assumptions made by the
management of Acambis and are believed to be reasonable, though are inherently
uncertain and difficult to predict. Actual results or experience could differ
materially from the forward-looking statements.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant Peptide Therapeutics Group has duly caused this report to be
signed on its behalf by the undersigned, thereunto duly authorized.
Date: 16 May 2007 ACAMBIS PLC
By: /s/ Lyndsay Wright
Name: Lyndsay Wright
Title: VP, Communications and IR.