Introgen Therapeutics, Inc. p53 Therapy Patent Is Affirmed In Europe Following Opposition By Schering-Plough Corporation

AUSTIN, Texas, Feb. 23 /PRNewswire-FirstCall/ -- Introgen Therapeutics, Inc. announced today that its exclusively licensed European Patent 0 760 675, directed to combination therapy with p53 and standard chemotherapy or radiotherapy, was upheld by the European Patent Office Technical Board of Appeals following an opposition brought by Schering-Plough Corporation . The patent, exclusively licensed to Introgen from The Board of Regents of The University of Texas System, is part of Introgen’s growing and formidable patent estate covering uses of p53, including its ADVEXIN molecular therapy product candidate. This is the fourth successful case decided in Introgen’s favor by the European Patent Office Board of Appeals, over a period of three years in oppositions involving Schering- Plough.

Dr. David L. Parker, Introgen’s vice president for intellectual property said, “This is a very important win for Introgen on the European patent front. This patent is strategically important in that it covers the administration of p53, in any form, after the administration of virtually any type of conventional chemotherapy or radiotherapy. We are gratified to report that this significant patent in our estate has withstood Schering-Plough’s final appeal in this opposition.”

Introgen controls 88 issued U.S. and international patents and has a large number of pending United States and international applications that relate to its p53 technologies. Covered under the issued patents is the use of ADVEXIN in the treatment of cancer and hyperproliferative disorders, as well as the use of p53 therapy in combination with conventional chemotherapy and radiation. Other patents address the use of DNA damaging agents, DNA repair inhibitors, taxanes, used with p53 or any gene in any delivery system. Introgen also owns several issued patents relating to processes for the commercial scale production of adenoviruses and adenoviral compositions.

About Introgen

Introgen Therapeutics, Inc. is a biopharmaceutical company focused on the discovery, development and commercialization of targeted molecular therapies for the treatment of cancer and other diseases. Introgen is developing molecular therapeutics, immunotherapies, vaccines and nano-particle tumor suppressor therapies to treat a wide range of cancers using tumor suppressors, cytokines and genes. Introgen maintains integrated research, development, manufacturing, clinical and regulatory departments and operates multiple manufacturing facilities including a commercial scale cGMP manufacturing facility.

Introgen holds a licensing agreement with M. D. Anderson to commercialize products based on licensed technologies, and has the option to license future technologies under sponsored research agreements. The University of Texas Board of Regents owns stock in Introgen. These arrangements are managed in accordance with M.D. Anderson’s conflict of interest policies.

Statements in this release that are not strictly historical may be “forward-looking” statements, including those relating to Introgen’s future success with its intellectual property portfolio covering ADVEXIN and its other products. The actual results may differ from those described in this release due to risks and uncertainties that exist in Introgen’s operations and business environment, including Introgen’s stage of product development and the limited experience in the development of gene-based drugs in general, dependence upon proprietary technology and the current competitive environment, history of operating losses and accumulated deficits, reliance on collaborative relationships, and uncertainties related to clinical trials, the safety and efficacy of Introgen’s product candidates, the ability to obtain the appropriate regulatory approvals, Introgen’s patent protection and market acceptance, as well as other risks detailed from time to time in Introgen’s filings with the Securities and Exchange Commission including its filings on Form 10-K and Form 10-Q. Introgen undertakes no obligation to publicly release the results of any revisions to any forward-looking statements that reflect events or circumstances arising after the date hereof.

Editor’s Note: For more information on Introgen Therapeutics, or for a menu of archived press releases, please visit Introgen’s Website at: http://www.introgen.com .

Contact: Introgen Therapeutics, Inc. C. Channing Burke (512) 708 9310 Ext. 322 Email: c.burke@introgen.com

Introgen Therapeutics, Inc.

CONTACT: C. Channing Burke of Introgen Therapeutics, Inc., +1-512-708-9310Ext. 322, or c.burke@introgen.com

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