Fed. Circ. Revives Pig Virus Patent Claims V. Intervet

Law360, New York (August 5, 2010, 4:11 PM EDT) -- A federal appeals court has reversed a noninfringement finding for Schering-Plough Corp. unit Intervet Inc. in a declaratory suit against Merial Ltd. over a patented pig virus, though one judge mused that perhaps isolated strands of DNA should not be patentable at all.

The district court erred when it decided that a Merial patent on strains of porcine circovirus covered only exact sequences of DNA and not their close relatives, the U.S. Court of Appeals for the Federal Circuit ruled Wednesday.

Intervet sued Merial in April...
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