Is BioPorto trying to prevent usage of Alere’s Triage NGAL-test in its prime setting – the ER’s (Emergency Rooms) ?
As a consequence of the fact that EPO has declared they will issue the “Trauma patent” to Bioporto on the use of NGAL, an interesting question arises.
Will Bioporto use that patent to keep Alere/Biosite effectively away from the booming POC market in the ER’s?
The ‘Trauma patent” covers NGAL as a Marker for assessing the severity of kidney injury originating from physical injury (such as – but certainly not limited to car crashes, falling accidents, gunshots and other), up to 6 hours after the injury was inflicted
The timespan and nature of the injuries pretty much covers all of Alere’s intended area of usage of their Triage Test Kit in the ER’s . (Or – at least I think its safe to say that this is Alere’s intention – based on the number of clinical trials in that area that Alere has sponsored/initiated/contributed to)
So will Alere/Inverness/Biosite be “closed out”, and be forced to take the matter into the courts/ OD… again?
Or will they try to settle the dispute, and plea for a (relatively cheap?) LicenseAgreement with Bioporto, as we all hope in return for accepting the Trauma Patent outright? Time will tell, but the track record of Alere indicates that the former option (appealing the decision) is the more likely. On the other hand – if the appeal is lost – then Alere is in all practicality out of one of the major markets – and the rights can be freely given by BioPorto to one of Alere’s competitors in the POC segment
The patent, which EPO will grant BioPorto can be found here.
