Schering Prevails In Patent Suit Over Pig Vaccine

Law360, New York (August 13, 2009, 4:09 PM EDT) -- A federal judge has granted a summary judgment of noninfringement to Schering-Plough Corp. unit Intervet Inc. in its declaratory judgment case against rival Merial Ltd. over a patent covering a pig vaccine.

Intervet's vaccine did not infringe literally, and Merial may not invoke the doctrine of equivalents, Judge Henry H. Kennedy of the U.S. District Court for the District of Columbia said in an opinion issued Wednesday.

Intervet sued Merial in April 2006 for a declaratory judgment of noninfringement of U.S. Patent Number 6,368,601, which is...
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