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ERYTECH Receives USPTO Notice of Allowance for Patent Covering ERYCAPS Immunotherapy Technology

Regulatory News:

ERYTECH (Paris:ERYP) (ADR:EYRYY) (Euronext Paris: FR0011471135 - ERYP), a French biopharmaceutical company developing innovative ‘tumor starvation’ treatments for acute leukemia and other oncology indications with unmet medical needs, today announced that it has received a Notice of Allowance from the U.S. Patent and Trademark Office (USPTO) for U.S. Patent Application No. 12/672,094 entitled “Composition and Therapeutic Anti-tumor Vaccine.”

The patent application covers the use of ERYTECH’s proprietary ERYCAPS platform for the development of immunotherapy products targeting cancer cells. This Notice of Allowance concludes substantive examination of the patent application and is expected to result in the issuance of a U.S. patent after administrative processes are completed.

The allowed claims on this patent provide additional coverage for therapeutic products based on the ERYCAPS red blood cell encapsulation technology, including an anti-tumor vaccine containing such a composition. Patents have been issued in France, China, Israel, Australia and Singapore with similar scope of the allowed claims in the U.S. This patent adds to ERYTECH’s growing intellectual property portfolio of issued patents and patent applications. ERYTECH currently has a patent portfolio with 149 issued patents and 86 pending patent applications worldwide covering 13 patent families.

Gil Beyen, Chairman and Chief Executive Officer of ERYTECH, commented, “We are very pleased with the issuance of this key patent covering our platform technology for immunotherapy applications. The patent reinforces the use of our versatile technology for a mode of action other than tumor starvation. We have obtained encouraging preclinical data in melanoma and prostate cancer to support the continued advancement of our immunotherapy program and this important addition to our intellectual property estate provides potential protection for our current and future innovations in this area.”

About ERYTECH and ERY-ASP (GRASPA®): www.erytech.com

Founded in Lyon, France in 2004, ERYTECH is a clinical-stage biopharmaceutical company developing innovative therapies for rare forms of cancer and orphan diseases. Leveraging its proprietary ERYCAPS platform, which uses a novel technology to encapsulate therapeutic drug substances inside red blood cells, ERYTECH has developed a pipeline of product candidates targeting markets with high unmet medical needs. ERYTECH’s initial focus is on the treatment of blood cancers, including acute lymphoblastic leukemia (ALL) and acute myeloid leukemia (AML), by depriving tumors of nutrients necessary for their survival. ERYTECH has recently filed for European Marketing Authorization for its lead product candidate, ERY-ASP, also known under the trade name GRASPA®, following positive efficacy and safety results from its completed Phase 2/3 pivotal clinical trial in Europe in children and adults with relapsed or refractory ALL. ERYTECH also has an ongoing Phase 1 clinical trial of ERY-ASP in the United States in adults with newly diagnosed ALL, and a Phase 2b clinical trial in Europe in elderly patients with newly diagnosed AML, each in combination with chemotherapy.

ERY-ASP consists of an enzyme, L-asparaginase, encapsulated inside donor-derived red blood cells. L-asparaginase depletes asparagine, a naturally occurring amino acid essential for the survival and proliferation of cancer cells, from circulating blood plasma.

Every year over 50,000 patients in Europe and the United States are diagnosed with ALL or AML. For about 80% of these patients, mainly adults and relapsing patients, current forms of L-asparaginase cannot be used due to their toxicity or as a result of allergic reactions. ERYTECH believes that the safety and efficacy profile of ERY-ASP/GRASPA®, as observed in its Phase 2/3 pivotal clinical trial, offers an attractive alternative option for the treatment of leukemia patients.

ERYTECH believes that ERY-ASP has the potential as a treatment approach in solid tumors and is conducting a Phase 2 clinical trial in Europe in patients with metastatic pancreatic cancer. In addition to its current product candidates that focus on using encapsulated enzymes to induce tumor starvation, ERYTECH is exploring the use of its platform for developing cancer vaccines and enzyme replacement therapies.

The EMA and the U.S. Food and Drug Administration (FDA) have granted orphan drug designations for ERY-ASP/GRASPA for the treatment of ALL, AML and pancreatic cancer. ERYTECH produces ERY-ASP at its own GMP-approved and operational manufacturing site in Lyon (France), and at a site for clinical production in Philadelphia (USA). ERYTECH has entered into licensing and distribution partnership agreements for ERY-ASP for ALL and AML in Europe with Orphan Europe (Recordati Group), and for ALL in Israel with TEVA, which will market the product under the GRASPA® brand name.

ERYTECH is listed on Euronext regulated market in Paris (ISIN code: FR0011471135, ticker: ERYP) and is part of the CAC Healthcare, CAC Pharma & Bio, CAC Mid & Small, CAC All Tradable, EnterNext PEA-PME 150 and Next Biotech indexes. ERYTECH is also listed in the U.S. under an ADR level 1 program (OTC, ticker EYRYY).

Forward-looking information

This document may contain forward-looking statements and estimates with respect to the financial position, results of operations, business strategy, plans, objectives and anticipated future performance of ERYTECH and of the market in which it operates. Certain of these statements, forecasts and estimates can be recognized by the use of words such as, without limitation, “believes”, “anticipates”, “expects”, “intends”, “plans”, “seeks”, “estimates”, “may”, “will” and “continue” and similar expressions. They include all matters that are not historical facts. Such statements, forecasts and estimates are based on various assumptions and assessments of known and unknown risks, uncertainties and other factors, which were deemed reasonable when made but may or may not prove to be correct. Actual events are difficult to predict and may depend upon factors that are beyond ERYTECH's control. There can be no guarantees with respect to pipeline product candidates that the candidates will receive the necessary regulatory approvals or that they will prove to be commercially successful. Therefore, actual results may turn out to be materially different from the anticipated future results, performance or achievements expressed or implied by such statements, forecasts and estimates. Documents filed by ERYTECH Pharma with the French Autorité des Marchés Financiers (www.amf-france.org ), also available on ERYTECH’s website (www.erytech.com ) describe such risks and uncertainties. Given these uncertainties, no representations are made as to the accuracy or fairness of such forward-looking statements, forecasts and estimates. Furthermore, forward-looking statements, forecasts and estimates only speak as of the date of the publication of this document. Readers are cautioned not to place undue reliance on any of these forward-looking statements. ERYTECH disclaims any obligation to update any such forward-looking statement, forecast or estimates to reflect any change in ERYTECH’s expectations with regard thereto, or any change in events, conditions or circumstances on which any such statement, forecast or estimate is based, except to the extent required by law.

Contact:

ERYTECH
Gil Beyen
Chairman and CEO
or
Eric Soyer, +33 4 78 74 44 38
CFO and COO
investors@erytech.com
or
The Ruth Group
Lee Roth, +1 646 536 7012
lroth@theruthgroup.com
Investor relations
or
Kristen Thomas, +1 508 280 6592
Media relations
kthomas@theruthgroup.com
or
NewCap
Julien Perez
Investor relations
or
Nicolas Merigeau, +33 1 44 71 98 52
Media relations
erytech@newcap.eu

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