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22 December 2000
SHIRE ANNOUNCES POSITIVE OUTCOME IN BIOCHEM PATENT LITIGATION
Andover, UK - 22 December 2000 - Shire Pharmaceuticals Group plc (LSE: SHP.L,
NASDAQ: SHPGY) announces a decision in favour of BioChem Pharma Inc in the
patent dispute between BioChem and Emory University relating to
3TC-Registered Trademark-/Epivir-Registered Trademark-(lamivudine).
On 11 December 2000, Shire and BioChem announced they had entered into an
agreement to merge the two groups to form a leading global specialty pharma
company. As part of this announcement, information was provided regarding patent
disputes between BioChem and Emory University, relating to US patent rights for
lamivudine. In a decision yesterday, the US Board of Patent Appeals and
Interferences invalidated Emory University's patent relating to lamivudine.
Shire continues to review the detail of the decision but has not been advised of
any intention by Emory to initiate any other action or appeal the decision.
Rolf Stahel, Chief Executive of Shire, commented "In evaluating the merger with
BioChem, Shire investigated carefully the patent situation and sought advice
from external counsel on the probability of an adverse ruling. Shire welcomes
the decision of the US Patent Office."
A copy of the press announcement issued by BioChem is attached for your
information.
FOR FURTHER INFORMATION PLEASE CONTACT:
Tina Terrell, Head of Medical Communications +44 (0)1264 348 515
Shire Pharmaceuticals Group plc
Jonathan Birt (UK enquiries) +44 (0) 207 831 3113
Financial Dynamics
Brian Gill (US enquiries) +1 212 445 8000
BSMG
Jean Young +1 212 455 0988
Financial Relations Board
NOTES TO EDITORS:
Epivir and 3TC are trademarks of the Glaxo Wellcome Group of Companies.
BIOCHEM PHARMA INC PRESS ANNOUNCEMENT MADE ON 21 DECEMBER 2000
"U.S. PATENT OFFICE INVALIDATES EMORY UNIVERSITY'S
PATENT FOR 3TC/EPIVIR
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LAVAL, QUEBEC, CANADA-- BioChem Pharma Inc. (NASDAQ: BCHE; TSE: BCH)
announced today that the U.S. Board of Patent Appeals and Interferences has
invalidated Emory University's patent for 3TC-Registered
Trademark-/Epivir-Registered Trademark-(lamivudine).
The decision is the latest in a series of rulings around the world upholding
BioChem's patent rights for 3TC/Epivir in patent disputes between BioChem and
Emory University. Patent offices in Europe, Japan, Australia and Norway reviewed
BioChem and Emory University's filings and universally decided in BioChem's
favour.
"The decision by the U.S. Board of Patent Appeals and Interferences to
invalidate Emory's patent underscores our long-held position that 3TC/Epivir was
invented solely by BioChem scientists, including the late Prix Galien-winner,
Dr. Bernard Belleau," said Dr. Francesco Bellini, BioChem Pharma's Chairman and
Chief Executive Officer.
The U.S. Patent Office ruled that Emory was not entitled to its patent. Emory's
patent was granted five years after BioChem Pharma received its pioneering
patent covering 3TC/Epivir and one year after the company's licensee, Glaxo
Wellcome, began selling the drug. The invalidated Emory patent was the basis of
the infringement suit Emory filed in US District Court, Northern District of
Georgia against BioChem and its licensee, Glaxo Wellcome; BioChem subsequently
was granted a motion to stay the case pending the termination of the
interference. BioChem is not aware at this time if Emory intends to appeal this
decision.
Under agreement, BioChem Pharma receives royalties from Glaxo Wellcome on sales
of 3TC/Epivir. Glaxo Wellcome has the right to develop, manufacture and sell
3TC/Epivir worldwide, except in Canada, where BioChem Pharma and Glaxo Wellcome
have formed a commercialization partnership.
Epivir and 3TC are trademarks of the Glaxo Wellcome Group of Companies.
BioChem Pharma is an innovative and fast-growing biopharmaceutical company
focused on infectious diseases and cancer.
STATEMENTS MADE IN THIS PRESS RELEASE INCLUDE FORWARD-LOOKING STATEMENTS MADE
PURSUANT TO THE SAFE HARBOUR PROVISIONS OF THE SECURITIES LITIGATION REFORM ACT
OF 1995. ACTUAL EVENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED HEREIN AND
DEPEND ON A NUMBER OF FACTORS. INVESTORS SHOULD CONSULT THE CORPORATION'S
ONGOING QUARTERLY FILINGS, ANNUAL REPORTS AND 20-F FILINGS FOR ADDITIONAL
INFORMATION ON RISKS AND UNCERTAINTIES RELATING TO THESE FORWARD-LOOKING
STATEMENTS. INVESTORS ARE CAUTIONED NOT TO RELY ON THESE FORWARD-LOOKING
STATEMENTS. THE CORPORATION DOES NOT UNDERTAKE TO UPDATE THESE FORWARD-LOOKING
STATEMENTS."
THE "SAFE HARBOR" STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT
OF 1995.
The Merger Agreement referred to in this announcement between Shire and BioChem
requires the shareholder approval of Shire and BioChem and the solicitation of
such approval has not yet commenced. This announcement is neither an offer to
purchase nor the solicitation of an offer to sell any securities.
Statements in this press announcement regarding Shire's and BioChem's businesses
which are not historical facts, including the potential benefits and synergies
of the
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Merger, are "forward-looking statements" that involve risks and uncertainties.
These risks and uncertainties include the abilities of Shire and BioChem to
consummate the Merger and realise the benefits and synergies outlined. In
connection with the Merger, Shire will file a Proxy Statement with the US
Securities and Exchange Commission ("SEC"). Other materials relating to the
Merger will also be filed with the SEC. Investors are urged to read the Proxy
Statement and other relevant documents to be filed with the SEC because they
will include important information.
Materials filed with the SEC will be available electronically, without charge,
at an internet site maintained by the SEC. The address of that site is http:/
www.sec.gov. In addition, the Proxy Statement filed with the SEC will be mailed
to BioChem Shareholders and may be obtained without charge from Shire or BioChem
upon request. Documents filed with the SEC with respect to the Merger may be
obtained without charge from Shire's Head Office at East Anton, Andover,
Hampshire, England.
Unless Shire otherwise determines, the Proxy Statement will not be sent,
directly or indirectly, in or into, or by the use of the mails or any means or
instrumentality (including without limitation, telephonically or electronically)
of interstate or foreign commerce, or facilities of a national, state or other
securities exchange of Australia or Japan and investors in Australia or Japan
will not be capable of voting with respect to approving the Merger by any such
use, means, instrumentality or facility and this announcement may not be
distributed in any such jurisdictions.
