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December 4th, 2003 Notice concerning a ruling handed down by the Court of Appeal of the Canton of Bern dated October 29th, 2003 concerning ZLB Bioplasma AG ./. Octapharma AG Interim injunction based on the federal act against unfair competition (“UWG”) We would like to inform you that the Court of Appeal of the Canton of Bern has now finally decided on the claim for preliminary injunction filed by ZLB Bioplasma AG, Bern, Switzerland on the basis of provisions of the federal act against unfair competition (“UWG”) with regard to Octapharma’s press release published on its homepage on August 15th 2003,. Within its ruling, the Court of Appeal of the Canton of Bern instructed Octapharma to abstain from issuing certain statements concerning ZLB Bioplasma AG. They however, on the other hand, rejected ZLB Bioplasma’s claim to prevent Octapharma from stating that: “By accepting a non-liquid product […] Danish hospitals would have had to allocate resources locally for reconstruction of the lyophilised product”. In addition Octapharma is allowed to state that: “[…] substantial time and costs are associated with the reconstruction of a non-liquid product into the liquid form”. ZLB has now filed a claim to start proceedings in the main action. Within these proceedings, Octapharma is confident in it’s ability to convince the court that the statements published on Octapharma’s homepage have not only been correct but are also in compliance with the “UWG”. © Octapharma AG, 2003 |