Forward Pharma Announces the Decision of the Technical Board of Appeal of the European Patent Office in the EP2801355 Appeal Hearing
07 September 2021 - 12:21AM
Forward 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.
About Forward Pharma
Our principal executive offices are located at Østergade 24A,
1st floor, 1100 Copenhagen K, Denmark and our American Depositary
Shares are publicly traded on the Nasdaq Capital Market (FWP). For
more information about the Company, please visit our website at
http://www.forward-pharma.com.
Forward Pharma A/S Investor Relations
Contact:Claus Bo Svendsen, MD, PhDChief Executive
Officerinvestors@forward-pharma.com
Solebury TroutMike Biega mbiega@soleburytrout.com
Forward Pharma A/S
Forward Looking Statements:
Certain statements in this press release may constitute
“forward-looking statements” of Forward Pharma A/S within the
meaning of the Private Securities Litigation Reform Act of 1995.
Forward-looking statements include, but are not limited to,
statements which contain language such as “believe,” “expect,”
“anticipate,” “estimate,” “would,” “may,” “plan,” and “potential.”
Forward-looking statements are predictions only, which involve
known and unknown risks, uncertainties and other factors that may
cause actual results to be materially different from those
expressed in such statements. Many such risks, uncertainties and
other factors are taken into account as part of our assumptions
underlying these forward-looking statements and include, among
others, risks related to the following: our ability to obtain,
maintain, enforce and defend issued patents with royalty-bearing
claims; our ability to prevail in or obtain a favorable decision in
the Opposition Proceedings, after all appeals, including a petition
for review; the likelihood of success for a petition for review;
and the expected timing for key activities and an ultimate ruling
in such legal proceedings. Certain of these and other risk factors
are identified and described in detail in certain of our filings
with the United States Securities and Exchange Commission,
including our Annual Report on Form 20-F for the year ended
December 31, 2020. We are providing this information as of the date
of this release and do not undertake any obligation to update any
forward-looking statements contained in this press release as a
result of new information, future events or otherwise.
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