Dynavax Announces USPTO Declaration of Interference to Resolve Inventorship of ISS Intelectual Property

December 18, 2003 at 12:00 AM EST
Dynavax Announces USPTO Declaration of Interference to Resolve Inventorship of ISS Intelectual Property

Contact:
Dino Dina, M.D.
President and Chief Executive Officer
Dynavax Technologies Corporation
(510) 848-5100

Berkeley, CA - December 18, 2003 - Dynavax Technologies Corporation, a privately held biopharmaceutical company, announced today that the United States Patent and Trademark Office (USPTO) has declared an interference to resolve first-to-invent disputes between a patent application filed by The Regents of the University of California (UC), which is exclusively licensed to Dynavax, and an issued U.S. patent owned by Coley Pharmaceutical Group relating to immunostimulatory DNA sequences.

The declaration of interference names UC as senior party, indicating that a patent application filed by UC and licensed to Dynavax was filed prior to a patent application owned by Coley that led to an issued U.S. patent. The interference provides the first forum to challenge the validity and priority of certain of Coley's patents. If successful, the interference action would establish Dynavax's founders as the inventors of the inventions in dispute.

About Dynavax

Dynavax Technologies discovers, develops, and intends to commercialize innovative products to treat and prevent allergies, infectious diseases, and chronic inflammatory diseases using versatile, proprietary approaches that alter immune system responses in highly specific ways. Dynavax's clinical development programs are based on immunostimulatory sequences, or ISS, which are short DNA sequences that enhance the ability of the immune system to fight disease and control chronic inflammation.

Note: This press release contains "forward looking statements" within the meaning of the federal securities laws. These forward-looking statements include without limitation, a statement relating to the potential success of the interference action. These statements are subject to risks and uncertainties that could cause actual results and events to differ materially from those anticipated. Readers are cautioned not to place undue reliance on these forward-looking statements that speak only as of the date of this release. Dynavax undertakes no obligation to update publicly any forward-looking statements to reflect new information, events or circumstances after the date of this release except as required by law.