As some of you may recall, CCH’s NGAL patent was revoked at the OD of EPO in december 2011 to the dismay of Abbott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”
http://www.youtube.com/watch?v=lZLP0siJI-8
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
[NEW SINCE THIS POST:]
Heres the document that Modiano&Partners lay as grounds for the revokation of the revokation… (so to speak)
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]
