UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

Form 6-K

REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO SECTION 13a-16 OR 15d-16 UNDER THE SECURITIES EXCHANGE ACT OF 1934

December 6, 2022

Commission File Number: 001-36686

Forward Pharma A/S

Østergade 24A, 1st Floor
1100 Copenhagen K, Denmark

Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.

Form 20-F ☒     Form 40-F

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): ☐

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): ☐


Item 1. Other Items

On December 6, 2022, Forward Pharma A/S issued a press release regarding the decision of the Enlarged Board of Appeal of the European Patent Office in the EP2801355 petition for review, a copy of which is attached hereto as Exhibit 99.1.

EXHIBIT INDEX 

Exhibit No.   Description
     
99.1   Press Release dated December 6, 2022



SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

   FORWARD PHARMA A/S
     
   
Date: December 6, 2022  By: /s/ Claus Bo Svendsen    
    Name: Claus Bo Svendsen
    Title:   Chief Executive Officer
   

  

EdgarFiling

EXHIBIT 99.1

Forward Pharma Announces the Decision of the Enlarged Board of Appeal of the European Patent Office in the EP2801355 Petition for Review

COPENHAGEN, Denmark, Dec. 06, 2022 (GLOBE NEWSWIRE) -- Forward Pharma A/S (NASDAQ:FWP) (“Forward” or the “Company”), today announced that the Enlarged Board of Appeal (the “EBA”) of the European Patent Office (the “EPO”) has denied Forward’s petition for review (the “Petition”) of the decision of the Technical Board of Appeal of the EPO that confirmed the revocation of the EP2801355 patent by the EPO Opposition Division in the opposition proceeding (“Opposition Proceeding”).

The EBA’s rejection of the Petition ends the Opposition Proceeding in favor of the opponents and represents 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 of Tecfidera® or other DMF products for multiple sclerosis 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. As previously disclosed, because the Company was also unsuccessful in the U.S. Interference Proceeding after all appeals, the Company will not be entitled to future royalties from the United States.

Forward Pharma A/S Investor Relations Contact:

Forward Pharma A/S
Claus Bo Svendsen, MD, PhD
Chief Executive Officer
Investor Relations
investors@forward-pharma.com

Solebury Trout
Alexandra Roy
aroy@soleburytrout.com

Forward Pharma A/S