High Court decides in favor of Affitech and awards the Company costs in the amount of DKK 500.000
07-06-11 kl. 7/6 2011 11:34 | Affitech 0,05 (-44,44%)
Release no. 10/2011Affitech A/S, (Nasdaq OMX: AFFI) the antibody medicines company, today
announced that the Danish High Court has found in its favor in the court case
brought by some minority shareholders which challenged the validity of certain
decisions taken by the Company in 2009 and 2010. As expected by Affitech, the
High Court rejected all of the plaintiffs' claims. Affitech was, furthermore,
awarded costs in the amount of DKK 500.000.
About Affitech
Affitech AS is a publicly traded (NASDAQ OMX Copenhagen) human therapeutic
antibody company based in Copenhagen, Denmark with R&D facilities in Oslo,
Norway. The company utilizes a range of proprietary antibody technologies for
the discovery of fully human antibodies for application in oncology,
inflammation and other disease areas. CBAS™ (Cell Based Antibody Selection) is
Affitech's premier discovery engine for the isolation of lead antibodies to
cell surface molecules. Affitech co-develops its two lead antibody drug
candidates AT001/r84 and AT008/CCR4 with Russian partner NauchTekhStroy Plus.
Further information is available at www.affitech.com.
About the court case
The Company was sued by a certain group of minority shareholders in Affitech
A/S who were challenging the lawfulness of the shareholders' General Meetings
held on 28th April and 5th May 2009 and 29th April, 2010 and the validity of
the decisions taken at those meetings, including the decision to combine
Affitech (at that time named Pharmexa A/S) with Affitech Research AS, (at that
time named Affitech AS).
The shareholders argued primarily (i) that the General Meetings had not been
lawfully convened, (ii) that the Combination adopted by the General Meeting
should instead have been proposed by the Board as a legal merger and thus
should have met the requirements of a merger and (iii) that the decision to
effect the Combination contravenes Section 80 of the Danish Public Companies
Act on protection of the shareholders and the company against decisions which
clearly give certain shareholders or others an undue advantage.
Disclaimer
This news release contains forward-looking statements and forecasts based on
uncertainty, since they relate to events and depend on circumstances that will
occur in the future and which, by their nature, will have an impact on results
of the financial condition and operations of Affitech A/S. There are many
factors that could cause actual results and developments to differ materially
from those expressed or implied by these forward-looking statements and
forecasts. These factors include, among other things, risks associated with
technological development, the risk that research & development will not yield
new products that achieve commercial success, the impact of competition, the
ability to transact viable and profitable commercial deals, the risk of
non-approval of patents not yet granted, and difficulties of obtaining relevant
governmental approvals for new products.
No expressed or implied representations or warranties are given concerning
Affitech A/S or the accuracy or completeness of the information provided
herein, and no claims shall be made by the recipient of this news release by
virtue of the information contained herein.
Contact:
Randi Krogsgaard, Director IR & Corporate Communications
Tel # +45 2320 1001, e-mail: [email protected]
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110607_Affitech_Release no 10_court_case_UK.pdf 



