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Posted in Europe, Patents at 12:29 am by Dr. Roy Schestowitz
Related: Forward Pharma an Example of the Devastating Effect of Granting Patents in Error — A Problem Appeal Boards Must Correct
Summary: The lack of time for proper patent examination and the pressure to allow lots of fake patents (European Patents without legal justification/merit) can spell disaster for businesses while only lawyers profit
In the news this week:
Forward Pharma Appeal Dismissed By European Patent OfficeForward Pharma A/S : Press Release dated September 6, 2021 (Form 6-K)FWP Stock: Over 20% Decrease Pre-Market ExplanationWhy is Forward Pharma Stock Plunging During Premarket Tuesday?ADRs Close Mostly Higher; Adaptimmune Therapeutics, Forward Pharma Trade ActivelyForward Pharma (FWP) Announces Dismissal of Company’s Appeal on EP2801355 Patent DecisionADRs Close Mostly Higher; Adaptimmune Therapeutics, Forward Pharma Trade ActivelyForward Pharma’s ADRs closed 20% lower at $6.35 after the company said the European Patent Office’s technical appeal board dismissed the Forward’s appeal of a previous decision to revoke its EP2801355 patent.Forward Pharma Announces the Decision of the Technical Board of Appeal of the European Patent Office in the EP2801355 Appeal HearingForward Pharma A/S (NASDAQ:FWP) (“we,” “Forward” or the “Company”), today announced that the Technical Board of Appeal (the “TBA”) of the European Patent Office (the “EPO”) has dismissed Forward’s appeal of the previous decision of the EPO Opposition Division to revoke the EP2801355 patent (the “’355 patent”) following the oral hearing.The TBA made its decision after considering Forward’s appeal against the decision of the Opposition Division and third-party submissions from several opponents. The TBA will issue detailed reasons for the decision in written form in due course, and following receipt and review of these, Forward will announce future plans for the Company. Such plan may involve a petition for review at the Enlarged Board of Appeal of the EPO in an effort to overturn the unfavorable outcome, but the likelihood of a petition for review being successful is low. The denial of a petition for review would end the Opposition Proceeding in favor of the opponents. For all practical purposes, such denial or the absence of a petition for review would represent an unsuccessful outcome of the Opposition Proceeding, resulting in no royalties being due to the Company from Biogen based on Biogen’s future net sales outside the United States, as defined in the Settlement and License Agreement by and among Forward, subsidiaries of Biogen Inc. and certain other parties thereto. Forward Pharma Announces the Decision of the Technical Board of Appeal of the European Patent Office in the EP2801355 Appeal Hearing
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