Bayer tries to block rival’s dog flea treatments
Bayer has filed a motion for a preliminary injunction against animal health company CAP IM Supply's dog flea treatments.
The motion was filed yesterday, June 6, at the US District Court for the District of Delaware.
Bayer sued CAP IM last month for patent infringement of its K9 Advantix II, a prevention and treatment for ticks, fleas and mosquitoes for dogs.
The patent involved is US number 7,728,011, which is titled "Dermally applicable liquid formulations for controlling parasitic insects on animals".
According to the complaint, the K9 Advantix II is registered by the Environmental Protection Agency (EPA) under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
FIFRA is a federal law that set up the basic US system of pesticide regulation.
Bayer holds the EPA registrations authorising sale and distribution of the drug in the US.
As part of the EPA's registration process, Bayer covered certain costs to conduct studies and collect data to fulfil the statutory requirements under FIFRA.
CAP IM allegedly sold drugs for the same treatment purposes as Bayer’s drug, under the names Advecta 3, PetLock Max, ParaDefense Advances, and Provecta Advanced.
These products, according to Bayer, compete directly with K9 Advantix II and infringe the '011 patent.
In 2015, CAP IM applied to the EPA for registration under FIFRA to gain approval to sell the products.
In 2016, the company notified Bayer of its reliance on studies submitted by Bayer to the EPA to support CAP IM's application.
In September 2016, the EPA granted CAP IM a conditional registration, and although the registration allegedly relied on data which had been generated and submitted by Bayer, Bayer said that CAP IM did not pay it for this.
Bayer said: "Unless defendant and those acting in active concert with defendant are enjoined from infringing the '011 patent, Bayer will suffer irreparable injury for which damages are an inadequate remedy."
Bayer has also demanded a jury trial.
Today’s stories:
Court sanctions EGT for violating protective order
CRISPR patent pool may emerge, says Regeneron
Method of treatment claims often challenged
Did you enjoy reading this story? Sign up to our free newsletters and get stories like this sent straight to your inbox.
