Vical Incorporated Wins Final Decision Upholding Key Japanese Patent

SAN DIEGO, May 1 /PRNewswire-FirstCall/ -- Vical Incorporated announced today a successful final outcome upholding Japanese Patent No. 3250802, “Expression of exogenous polynucleotide sequences in a vertebrate,” covering the company’s core DNA delivery technology. The Intellectual Property High Court in Japan has confirmed that the parties which had originally challenged the patent did not appeal the Court’s prior ruling by the deadline. As a result, the ruling upholding the patent is now final.

“We are pleased that the Japanese Intellectual Property High Court has confirmed the validity of this fundamental Vical patent,” said Vijay B. Samant, Vical’s President and Chief Executive Officer. “This final decision to uphold our Japanese patent bolsters our compelling global patent position in non-viral gene delivery, and we will continue to expand our intellectual property in key world markets.”

About Vical

Vical researches and develops biopharmaceutical products based on its patented DNA delivery technologies for the prevention and treatment of serious or life-threatening diseases. Potential applications of the company’s DNA delivery technology include DNA vaccines for infectious diseases or cancer, in which the expressed protein is an immunogen; cancer immunotherapeutics, in which the expressed protein is an immune system stimulant; and cardiovascular therapies, in which the expressed protein is an angiogenic growth factor. The company is developing certain infectious disease vaccines and cancer therapeutics internally. In addition, the company collaborates with major pharmaceutical companies and biotechnology companies that give it access to complementary technologies or greater resources. These strategic partnerships provide the company with mutually beneficial opportunities to expand its product pipeline and address significant unmet medical needs. Additional information on Vical is available at www.vical.com.

This press release contains forward-looking statements subject to risks and uncertainties that could cause actual results to differ materially from those projected. Forward-looking statements include statements about Vical’s technology and its current and potential applications, the scope of coverage of and potential applications for the company’s issued and future patents, as well as the company’s focus, collaborative partners, and product candidates. Risks and uncertainties include whether the company’s technology will be successfully applied; whether the company’s issued patents will be challenged and whether such challenges will have an adverse effect on the scope of the patents; whether the company will enforce its issued patents or will be successful in any enforcement efforts; whether the company will successfully prosecute additional patent applications and whether such applications will lead to the issuance of additional patents; whether any product candidates will be shown to be safe and effective in clinical trials; the timing, nature and cost of clinical trials; whether Vical or its collaborative partners will seek or gain approval to market any product candidates; whether Vical or its collaborative partners will succeed in marketing any product candidates; and additional risks set forth in the company’s filings with the Securities and Exchange Commission. These forward-looking statements represent the company’s judgment as of the date of this release. The company disclaims, however, any intent or obligation to update these forward-looking statements.

Contacts: Investors: Media: Alan R. Engbring Susan Neath Vical Incorporated Porter Novelli Life Sciences (858) 646-1127 (619) 849-6007 Website: www.vical.com

Vical Incorporated

CONTACT: Investors, Alan R. Engbring of Vical Incorporated,+1-858-646-1127; or Media, Susan Neath of Porter Novelli Life Sciences,+1-619-849-6007, for Vical Incorporated

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