23 May 2018Americas

Boehringer seeks injunction in pig vaccine case

Animal health company Boehringer Ingelheim Vetmedica (BIVI) has sued Merck & Co and Merck Animal Health for infringing three patents covering vaccines for treating pig disease.

The Boehringer Ingelheim unit filed the case on Monday, May 21, at the US District Court for the District of New Jersey.

The case centres on porcine circovirus type-2 (PCV2), a common virus that infects swine and causes “some of the most devastating and economically damaging porcine diseases in the world”, according to the suit.

It said the virus is responsible for significant problems in porcine reproduction, including miscarriages and mummified porcine foetuses.

BIVI markets the vaccines Ingelvac CircoFLEX, FLEXcombo and 3FLEX—all of which include inactivated PCV2—in the US.

The company has several patents directed to these PCV2 vaccines, including US numbers 9,011,872; 9,610,345; and 9,669,087. These three are at the centre of the claim.

According to BIVI, in 2013, Merck launched the vaccines Circumvent PCV G2 and Circumvent PCV-M G2 in the US. The products are used to prevent, treat and ameliorate the symptoms of PCV2, the company added.

The complaint said Merck has infringed the three BIVI patents and is inducing infringement by others.

BIVI claimed Merck’s infringement is wilful because it knew about the patents through direct and indirect communications with BIVI, including negotiations for a licence from BIVI, “as well as Merck’s comparisons of its own infringing PCV2 vaccine products to BIVI’s PCV2 vaccine products”.

BIVI has therefore sued Merck for wilful patent infringement, is seeking triple damages, and wants a preliminary and permanent injunction against the company.

The case was signed by, among others, Judy Jarecki-Black, head, patent prosecution and patent litigation, animal health at Boehringer Ingelheim Animal Health. Jarecki-Black was nominated in the LSIPR 50 Key Influencers in the Life Sciences 2017 publication for her contribution to the industry.

A Merck & Co spokesperson said the company continues to market the vaccine and "believes the case has no merit and we will defend ourselves vigourously”.

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31 July 2014   German pharmaceutical company Boehringer Ingelheim has sued generic drug maker Mylan for infringing a patent covering its Aggrenox drug.
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30 August 2016   Pharmaceutical company Boehringer Ingelheim has entered into a research collaboration with Saniona, a Danish based pharma company.

More on this story

Americas
31 July 2014   German pharmaceutical company Boehringer Ingelheim has sued generic drug maker Mylan for infringing a patent covering its Aggrenox drug.
Big Pharma
30 August 2016   Pharmaceutical company Boehringer Ingelheim has entered into a research collaboration with Saniona, a Danish based pharma company.