Pig Vaccine Patent Suit Against Schering Still In Play

Law360, New York (September 15, 2009, 8:15 PM EDT) -- A federal judge on Tuesday dismissed a bid from Schering-Plough Corp. unit Intervet Inc. seeking declaratory judgment that it did not infringe a pig vaccine patent held by competitor Merial Ltd, which earlier lodged an infringement suit against Schering.

The ruling, issued in the U.S. District Court for the District of Columbia, settles the second of three declaratory judgment bids by Intervet asserting that its product Circumvent PCV, a vaccine protecting against porcine circovirus, does not infringe various patents held by Merial.

Judge Henry H. Kennedy...
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