Forward Pharma Appeals the Decision of the Opposition Division to Revoke the EP2801355 Patent

Forward Pharma (Nasdaq:FWP) today announced the filing of a notice of appeal of the decision of the Opposition Division of the European Patent Office that revoked EP2801355, written reasons for which were received on March 22, 2018. The notice was filed to the Technical Board of Appeal of the EPO.

As quoted in the press release:

“With the notice of appeal filed, we officially initiate the process to get the decision of the Opposition Division overturned and have the ‘355 patent reinstated,” said Dr. Claus Bo Svendsen, Chief Executive Officer of Forward.

On January 29, 2018, the Opposition Division of the EPO heard the oral proceedings concerning the validity of the ‘355 patent and issued an oral decision revoking the ‘355 patent after considering third-party oppositions from several opponents. On March 22, 2018, the Opposition Division issued its written decision with detailed reasons for the decision, and following a thorough review of these, the Company has now decided to appeal the Opposition Division’s decision to the TBA. The appeal process has an expected duration of an additional two to three years. The Company has until August 2, 2018 to submit its detailed grounds of appeal. By initiating the appeal, the revocation will only become effective if and when confirmed by the TBA. If the Company prevails in such appeal, we expect the TBA to remand the case to the Opposition Division, for the Opposition Division to resolve the remaining elements of the original opposition.

Click here to read the full press release.