BioPorto

Legal Proceedings Report • Aug 14, 2013

With reference to company announcement no. 28 of August 14, 2013, BioPorto has
now had the opportunity to review the Preliminary and Non-binding Opinion by
the European Patent Office (EPO).

EPO’s Preliminary and Non-binding Opinion concerns the organization of the
hearing to be held on October 15, 2013.

On the question of adequate description (Article 100 (b) and 83 EPC), the Board
of Appeal finds that the case should be considered differently than by the
Opposition Division in the first instance. The Board of Appeal calls for a
further discussion of two points:

1. Would a skilled person reach a cutoff value of 250 ng/mL or higher which can
   distinguish kidney injury from non-kidney injury based solely on the patent
   specification and common general knowledge?

2. Does appendix 3 (Mori et al. J. Clin. Invest 2005) raise substantial doubt
   as to whether the method would work for chronic kidney injury or not?

The Board of Appeal has also stated that the case be sent back to the
Opposition Division in the first instance, if novelty and inventive step
(Article 100 (a), 54 and 56) are to be treated.

In the interim report for the second quarter of 2013, company announcement no.
27 of August 2, 2013, the company has addressed the different outcomes of the
case. EPO’s Opinion does not give rise to an assessment by BioPorto of the
patent’s future status.

For further information please contact:

Peter Mørch Eriksen, CEO

Christina Thomsen, Investor Relations

Tel. +45 45 29 00 00, mail investor@bioporto.com