ITC Judge To Rehear Smallpox Patent Fight

Law360, New York (February 22, 2007, 12:00 AM EST) -- An International Trade Commission administrative law judge, who previously ruled that Bavarian Nordic’s patents for a smallpox vaccine were invalid, will now be forced to rehear the case from scratch, Bavarian Nordic said.

According to the Danish pharmaceutical giant, the ITC issued an order Wednesday that vacated the administrative law judge’s decision. The new investigation will allegedly be completed by Oct. 19, 2007.

“We are pleased that the…Commission recognized the weakness of the initial determination and that we now can straighten out any legal and factual...
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