To: JEB who wrote (702 ) 8/19/1998 11:06:00 AM From: SDR-SI Respond to of 1686
To all: BGEN NEWS:<<<Biogen Says That Berlex Suit Substitutes Courtroom For Marketplace PR Newswire, Wednesday, August 19, 1998 at 08:53 CAMBRIDGE, Mass., Aug. 19 /PRNewswire/ -- Biogen, Inc. (NASDAQ:BGEN) said that a U.S. patent issued yesterday to Berlex, a subsidiary of the German company Schering A.G., is flawed and characterized Berlex's lawsuit against Biogen based on this patent as "another attempt to substitute the courtroom for the marketplace." According to the suit, this patent concerns "a Chinese hamster ovary ("CHO") cell culture composition that relates to the production of human beta interferon." Berlex's patent is part of the so-called "McCormick" claims that the companies have been litigating since 1996. Biogen believes the new patent, which is similar to the patent that is the subject of the ongoing litigation between the companies, is flawed in essentially the same ways as the earlier patent. Biogen CEO James R. Tobin stated, "The MS community has made AVONEX(R) the leading therapy worldwide. We expect business to continue as usual and that we will prevail, just as we did with Berlex's attempt to block the FDA's approval of AVONEX(R) (Interferon beta-1a) in 1996." Biogen's AVONEX(R) is the world's leading therapy for multiple sclerosis and was ruled by the FDA to be "clinically superior" to Berlex's competing product when Berlex unsuccessfully attempted to block the approval of AVONEX(R) based on the orphan drug statute and the Administrative Procedure Act. In addition to historical information, this press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Reference is made in particular to forward- looking statements regarding predictions as to the outcome of pending litigation. These statements are based on the Company's current beliefs and expectations as to such future outcomes. Factors which could cause actual results to differ materially from the Company's current expectations include the risk that determinations or decisions adverse to the Company will be made during the course of the lawsuit. Biogen, Inc., headquartered in Cambridge, MA, is a biopharmaceutical company principally engaged in discovering and developing drugs for human healthcare through genetic engineering. The Company's revenues are generated from the worldwide sales of AVONEX(R) (Interferon beta-1a) for treatment of relapsing forms of multiple sclerosis, and from the worldwide sales by licensees of a number of products, including alpha interferon, hepatitis B vaccines and diagnostic products. Biogen's research and development activities are focused on novel products for multiple sclerosis, inflammatory, respiratory, kidney and cardiovascular diseases and in developmental biology and gene therapy. For copies of press releases and additional information about the Company, please consult Biogen's Homepage on the World Wide Web at biogen.com . SOURCE Biogen, Inc. -0- 08/19/98 /CONTACT: Media: Kathryn R. Bloom, Director of Communications, 617-679-2851 or Investment Community: Elizabeth Woo, Manager, Investor Relations, 617-679-2812 both of Biogen, Inc./ /Company News On-Call: prnewswire.com or fax, 800-758-5804, ext. 101550/ /Web site: biogen.com ./ >>> Steve