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On the last day Høiberg sent in the documents for the appeal of the erroneous decision by the OD on the NGAL cutoff patent, to the EPO:
By sending in the documents close to deadline Bioporto is maximizing the time that the patent is (as a minimum) upheld. Time is on our side…
BioPorto is besieged. That is actually a good way of describing the situation where 4 attackers confront one lone defendor, a defendor who is secure behind a solid legal framework (the cut-off-patent) . For those of us who has had the great pleasure of reading Sun Tzu – it’s actually good news – because as Sun Tzu said – The rule is, not to besiege walled cities if it can possibly be avoided.
And it could have been avoided (and possibly still can) simply by signing: Agreements – Agreements and Agreements…
If you have not yet had the pleasure of reading the superb thoughts on warfare – written close to 2300 years before the europeans had Clausewitz (the Americans probably still have noone ) – its highly recommended : http://www.artofwarsuntzu.com/ The lack of strategist may explain why the “Gang of 4″ under the leadership of American Abbott have decided to pursue the wrong venue.:)
Nonetheless – I have – as some other avid readers of medicoinvestor.com – read the Appeal document by Høiberg. Of course I am biased – but even so – I think the document is a tour de force from Høiberg
Not only does it demonstrate how mistakes were made by the OD in the field of simple arithmetics – but with precision the documents points out that the OD is to blame for A: not doing their homework properly – and B: not being willing to admit own mistakes.
But and this is in my point-of-view more troubeling – the 400 (irrelevant pages) documents flooded by Abbott only a few days before the proceeding – (and admitted as applicable by a weak OD) contains falsifications and fabrications…
Yes – we are talking FRAUD here…
And it makes you wonder – is this really the standard you expect from the worlds leading diagnostic companies ? We know the financial sector are overflowing with crooks and bandits – but it is really scary if the same applies to the diagnostic companies and the pharma-industry.
But the appeal-documents also contain some tongue-in-cheek-humour Alere managed to shoot themselves not just in one foot – but surprisingly in both feet simultaneously when they made the following argument:
Perhaps Alere should have remembered this sound advice… “sometimes it is better to remain quiet and let others wonder whether you are stupid – rather than to speak out – and eliminate all doubt”
- EPO, Oral Proceedings / NGAL cutoff-patent (I) As you are all painfully aware of, EPO (European Patent...
- EPO, Oral Proceedings / NGAL cutoff-patent (II) Following EPO presentation of the minutes of the Oral Proceedings...
- EPO, Oral Proceedings / NGAL cutoff-patent (III) The Reasons for the decision by the EPO, regarding the...
- NGAL BioPorto and Phadia in Medwatch.dk NGAL – For the benefit of our esteemed readers from...
- The Appeal. The document. Deactivate | Edit ...