The ruling in the case filed by BioPorto (CPH: BIOPOR) in 2006 against Phadia (now a subsidiary of Thermo Fisher Scientific (NYSE: TMO) for the revocation of Phadia’s European patent U.S. / EP 0756708 in Denmark was made available by the Maritime and Commercial Court of Copenhagen on Friday, MedWatch.dk reports. The Court ruled in favour of BioPorto and also dismissed Phadia’s claim for damages from BioPorto’s sale of NGAL kits. Phadia can appeal the ruling to the Danish High Court. Its patent is expiring in three years.
BioPorto argued that the Swedish company’s patent for the use of neutrophil gelatinase-associated lipocalin (NGAL) protein [also known as lipocalin-2 (LCN2) or human neutrophil lipocalin (HNL) or oncogene 24p3] as a diagnostic market for all human diseases was too wide. This case has been a major deterrent in BioPorto’s search for a global distribution agreement for its NGAL test used to diagnose acute kidney injure. The company says it is actively negotiating such a deal. The stock jumped 12% on the news.
BioPorto also has an appeal to come in another legal case. Back in February its NGAL European cut-off (value of 250 ng/mL of NGAL) patent was provisionally rejected by the European Patent Office, stating insufficient description in the patent, following a challenge from (among others) Abbott Laboratories (NYSE: ABT). Other geographies are not affected and BioPorto says that the ruling was based on an erroneous calculation by the EPO’s Opposition Division and is thus confident about its appeal with ruling expected in 2014
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