Phadia/Abbott decided to go all the way … no doubt to the delight of the Plesner (danish Law firm representing Abbott/Phadia), whose fee account will thrive on this decision…:) has “Phabbott” decide to waste the limited time available in the Supreme Court.
It is, in my humble opinion, only what one could expect, and an obvious and natural step in the ongoing struggle, the verdict was pretty clear, so it looks to me more like a war of attrition. Apart from the tiresome fact that it means BioPorto now need to continue using some resources on the case, then the Appeal is the clearest and strongest possible signal about the paramount importance of the NGAL patents.
Otherwise I fail to see the need of flogging a dead horse…
Bioporto has just released this announcement
Decision on NGAL patent appealed to the Supreme Court
In reference to announcement number 11 of June 15th, 2012, Phadia has decided to appeal the Maritime and Commercial Court verdict regarding NGAL patent U.S. / EP 0756708 to the Supreme Court.
On 8 December 2006 BioPorto filed a lawsuit against Phadia for invalidation of Phadia European patent U.S. / EP 0756708 in Denmark. Particularly important to BioPorto was the invalidation of claim 1 (of the patent), regarding the use of HNL (aka. the protein NGAL) as a diagnostic marker for human diseases. Maritime and Commercial Court ruled in favour of BioPorto’s claims that the patent claims 1 and 2 are invalid in Denmark. At the same time, the court dismissed the Phadia ‘claim for compensation for BioPorto sale of NGAL kits. It is this decision that has now appealed to the Supreme Court by Phadia. BioPorto will regularly update on the status of the appeal in the quarterly reporting.
For further information contact:
Thea Olesen, CEO
Frank Harder, CFO
Phone 45 29 00 00, email investor@bioporto.com
