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[…] ved godt det er at *dumt* spørgsmål, men alligevel interessant :- fandt selv lidt svar her : http://medicoinvestor.com/phadia-this-we… Hvis det osse skulle have undgået andres opmærksomhed Investor1989 9:26 AM hvor lang tid […]
If we accept the assumption that it is Abbott who is the puppetmaster here – then you will with some likelihood see this case tried in a more important market (such as Germany or France). However it will be more difficult for Phadia (et al) – not only because of expiration date of Phadia's patent, but particulary because of the point you mention…
France is probably closer to introducing NGAl in routine diagnostics than Germany – so Paris would be a good guess (on a bad case 🙂 )
Great post… great sum-up.
Despite holding the NGAL patent for so many years, Phadia has never made any effort to develope any NGAL assay or even to produce any product which might could have justified their claims.
Furthermore Phadia being among the opponents in the EPO case vs. Bioporto, did, as the only part, not show up in the court, but opposed the patent only by name.
Their sole purpose in this national court dispute, is to haul Bioporto thin, and I would in no way be surprised if Abbott… (*Caugh*) I mean Phadia decides to find alternate ways to harass Bioporto in the future.
But let's win this one, and should Abbott decide to strike in another country, the timeframe is 6 years in a weeker case. (Precedent court ruling)