The Danish Sø- og Handelsretten issues a decision on separate questions in the case between Nuevolution and Henrik Pedersen/Chemgene Holding ApS
Stockholm, 22 February 2016. Nuevolution today announced that the Danish Maritime and Commercial High Court (Sø- og Handelsretten) has rendered its decision on the separate questions that were subject to an oral hearing held in December 2015.
Court decision:
Nuevolution cannot contest the questions regarding inventorship and ownership of the patents in the case against Henrik Pedersen and Chemgene Holding ApS.
Nuevolution comment:
Nuevolution is surprised and disagrees with the Court’s decision and reasoning. Nuevolution will now consider optimal next steps regarding these separate questions of the case including the possibility of appeal.
Case background:
In 2012, Nuevolution filed a suit with the Danish Maritime and Commercial High Court (Sø- og Handelsretten) to clarify the ownership of one patent family. This patent family is currently controlled by Henrik Pedersen, a former CSO of the Company. Nuevolution believes that it can document that it is the rightful owner of this patent family, and is seeking the Court’s assistance to assign ownership to Nuevolution. Nuevolution has a business strategic interest in the patent family. Nuevolution does not believe that the patent family affects Nuevolution’s access to use its Chemetics® technology.
The person, who presently is registered as inventor of the patent family, has filed affidavits with the United States Patent and Trademark Office as well as a US court. In these affidavits he clarifies and specifically submits that Henrik Pedersen, and not himself is the true inventor. He also submits additional circumstances concerning the patent filing supporting Nuevolution’s case.
Henrik Pedersen is of the opinion that an agreement between the parties prevents Nuevolution from raising the question about inventorship of and ownership to the patent family despite the fact that new information and essential evidence about the circumstances around the filing of the patent has been made available only recently. Nuevolution believes that the agreement was entered into through deceit by Pedersen and furthermore later breached by Pedersen.
These particular questions were pleaded before the Maritime and Commercial High Court in December 2015.
In today’s decision, the Maritime and Commercial High Court found that the agreement prevents Nuevolution from raising the question about inventorship of and ownership to the patent family.
Today’s decision does not conclude the case pending before the Danish Maritime and Commercial High Court (Sø- og Handelsretten). Among other things, the court has not decided on Nuevolution’s right to file a US continuation application under the agreement.
For more information, please contact:
Alex Haahr Gouliaev, CEO
Phone: +45 70 20 09 87
Email: AHG@nuevolution.com
About Nuevolution
Nuevolution AB (publ) is a leading small molecule drug discovery biotech company founded in 2001, headquartered in Copenhagen, Denmark. Nuevolution partners its proprietary discovery platform and programs with pharmaceutical and biotechnology companies to seek future benefit of patients in need of novel medical treatment options. Nuevolution’s internal programs are focused on therapeutically important targets within inflammation, oncology and immuno-oncology.
Nuevolution AB (publ) is required to disclose the information provided herein pursuant to the Securities Markets Act and/or the Financial Instruments Trading Act. The information was sent for publication on Monday 22 February 2016, 13.30 (CET).
Nuevolution AB (publ) is listed at Nasdaq First North Premier in Stockholm, Sweden (ticker: NUE). Västra Hamnen Corporate Finance AB acts as Certified Adviser to Nuevolution AB (publ). More information about Nuevolution can be found on: www.nuevolution.com