As some of you may recall, CCH’s NGAL patent was revoked at the OD of EPO in december 2011  to the dismay of Abbott

But – in our camp  – to qoute my favourite philosophers Monty Python again – ” there was much rejoicing”

The issue at the OD was whether the invention lacked novelty and inventive steps. The conclusion – much to the dismay of CCH and Abbott – whose test is based on CCH’s patent – was that the invention did indeed lack both…

The decision prompted this statement from BioPorto.

Based on this document from EPO: Opposition to CCH patent.

We all hoped that this was the final straw – and that CCH would concede to OD’s decision – alas – this is not the case..

Inquiring minds wants to know – so I checked the present status of patent EP 1616184

Unsurprisingly CCH has decided to appeal the case. Modiani and Partners – on behalf of CCH appealed the decision on the 31st of january 2012. – and the appeal has been granted. I expect to see a filing of new arguments (or same arguments) end of may 2012


Heres the document that Modiano&Partners lay as grounds for the revokation of the revokation… (so to speak)

Grounds of appeal.

EPO then sets the time limit for further replies, with a deadline due yesterday. (15-10-2012)

It will be interesting to see Dr. Ute Kilger’s and Jens Viktor Nørgaard‘s replies when they are posted at EPOLINE.

[Update written by Drueagurken]

About Stengaard

BioPorto investor from way back when... I've invested in BioPorto ever since they made their debut on the danish stock exchange, it been a looooong journey with many obstacles. But well worth it all if Bioporto maintains their patent after the proceedings in 2014, and enters into agreements with Global Distributors in 2012 and 2013 If not, then it'll take another xx.years 🙂


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