Planegg / Munich, Germany (Press Release) – MorphoSys AG (FSE: MOR; Prime Standard Seg­ment, MDAX & TecDAX; NASDAQ: MOR) announces that it was informed today that in its lawsuit against Janssen Biotech and Genmab A/S, the United States (U.S.) District Court of Delaware, based on a hearing held No­vem­ber 27, 2018, has ruled in a Court Order on Jan­u­ary­ 25, 2019, that the asserted claims of three MorphoSys patents with U.S. Patent Numbers 8,263,746; 9,200,061 and 9,758,590 are invalid. The Court thus granted a motion for Summary Judgement of invalidity filed by Janssen Biotech and Genmab, A/S against the three patents held by MorphoSys. As a result of this de­ci­sion, the jury trial scheduled for Feb­ru­ary 2019 to con­sider defendants' alleged infringement and the validity of the MorphoSys patents will now not take place.

MorphoSys's man­agement is disappointed with the de­ci­sion and is con­sidering all of its options. The com­pany has the right to appeal this judge­ment to the Federal Circuit.

On April 4, 2016 MorphoSys had filed a lawsuit in the United States (U.S.) District Court of Delaware against Janssen Biotech, and Genmab, A/S for patent infringement of U.S. Patent Number 8,263,746. In 2017, a second and a third patent with US Patent Numbers 9,200,061 and 9,758,590 were added to the lawsuit. MorphoSys sought redress for infringement by Janssen's and Genmab's dara­tu­mu­mab, a CD38-directed mono­clonal anti­body for the treat­ment of multiple myeloma.

This court de­ci­sion has no bearing upon the composition of matter patent pro­tec­tion for MorphoSys's own CD38 anti­body MOR202 and thus MorphoSys's ability to de­vel­op MOR202 in various indi­ca­tions.

Information and Explanation of the Issuer to this News:

About MorphoSys

MorphoSys (FSE & NASDAQ: MOR) is a clin­i­cal-stage bio­pharma­ceu­tical com­pany dedicated to the discovery, devel­op­ment and com­mer­cial­iza­tion of exceptional, inno­va­tive ther­a­pies for patients suffer­ing from serious dis­eases. The focus is on cancer. Based on its leading ex­per­tise in anti­body, protein and peptide tech­nolo­gies, MorphoSys, together with its partners, has devel­oped and con­trib­uted to the devel­op­ment of more than 100 prod­uct can­di­dates, of which 29 are cur­rently in clin­i­cal devel­op­ment. In 2017, Tremfya(R), mar­keted by Janssen for the treat­ment of plaque psoriasis, became the first drug based on MorphoSys's anti­body tech­nology to re­ceive regu­la­tory approval. The Com­pany's most ad­vanced pro­pri­e­tary prod­uct can­di­date, MOR208, has been granted U.S. FDA break­­through ther­apy desig­na­tion for the treat­ment of patients with re­lapsed / re­frac­tory diffuse large B-cell lym­phoma (DLBCL). Headquartered near Munich, Germany, the MorphoSys group, in­­clud­ing the fully owned U.S. sub­sid­i­ary MorphoSys US Inc., has approx­i­mately 320 employees. More in­for­ma­tion at https://www.morphosys.com.

HuCAL(R), HuCAL GOLD(R), HuCAL PLATINUM(R), CysDisplay(R), RapMAT(R), arYla(R), Ylanthia(R), 100 billion high poten­tials(R), Slonomics(R), Lanthio Pharma(R) and LanthioPep(R) are registered trademarks of the MorphoSys Group. Tremfya(R) is a trademark of Janssen Biotech, Inc.

Forward-looking state­ments

This communication con­tains cer­tain for­ward-looking state­ments con­cern­ing the MorphoSys group of com­pa­nies, in­­clud­ing ex­pec­ta­tions re­gard­ing a lawsuit against Janssen Biotech and Genmab, A/S, a ruling of invalidity of cer­tain U.S. patents in a summary judge­ment and the right of MorphoSys to appeal this judge­ment to the Federal Circuit as well as ex­pec­ta­tions re­gard­ing the patent pro­tec­tion for MorphoSys's own CD38 anti­body MOR202 and MorphoSys's ability to de­vel­op MOR202 in various indi­ca­tions. The for­ward-looking state­ments con­tained herein rep­re­sent the judg­ment of MorphoSys as of the date of this release and in­volve­ known and unknown risks and un­cer­tain­ties, which might cause the actual results, fi­nan­cial con­di­tion and liquidity, per­for­mance or achieve­ments of MorphoSys, or industry results, to be ma­teri­ally dif­fer­en­t from any historic or future results, fi­nan­cial con­di­tions and liquidity, per­for­mance or achieve­ments ex­pressed or implied by such for­ward-looking state­ments. In addi­tion, even if MorphoSys' results, per­for­mance, fi­nan­cial con­di­tion and liquidity, and the devel­op­ment of the industry in which it op­er­ates are con­sis­tent with such for­ward-looking state­ments, they may not be predictive of results or devel­op­ments in future periods. Among the factors that may result in dif­fer­ences are that MorphoSys's ex­pec­ta­tions re­gard­ing a lawsuit against Janssen Biotech and Genmab, A/S, a ruling of invalidity of cer­tain U.S. patents in a summary judge­ment and the right of MorphoSys to appeal this judge­ment to the Federal Circuit as well as ex­pec­ta­tions re­gard­ing the patent pro­tec­tion for MorphoSys's own CD38 anti­body MOR202 and MorphoSys's ability to de­vel­op MOR202 in various indi­ca­tions are incorrect, the in­her­ent un­cer­tain­ties asso­ci­ated with competitive devel­op­ments, clin­i­cal trial and prod­uct devel­op­ment activeties and regu­la­tory approval require­ments, MorphoSys' reliance on col­lab­o­rations with third parties and other risks as in­di­cated in the risk factors in­cluded in MorphoSys's Reg­is­tra­tion Statement on Form F-1 and other filings with the US Se­cu­ri­ties and Ex­change Com­mis­sion. Given these un­cer­tain­ties, the reader is advised not to place any undue reliance on such for­ward-looking state­ments. These for­ward-looking state­ments speak only as of the date of publication of this document. MorphoSys expressly disclaims any obli­ga­tion to update any such for­ward-looking state­ments in this document to reflect any change in its ex­pec­ta­tions with regard thereto or any change in events, con­di­tions or cir­cum­stances on which any such state­ment is based or that may affect the likelihood that actual results will differ from those set forth in the for­ward-looking state­ments, unless specifically required by law or reg­u­la­tion.

Source: MorphoSys.