A New Jersey federal district court judge has entered a patent infringement judgment against Schering-Plough Animal Health (SPAH).
An attorney for SPAH reports the court determined the company's Prime Pac PRRS vaccine products infringed on a claim of a Boehringer-Ingelheim-Vetmedica patent.
SPAH argued in court Boehringer's patent should only cover the specific PRRS virus strain mentioned in the patent claim. SPAH uses a different strain in its patented Prime Pac products, a company attorney says.
Until post-trial motions or an appeal favorably resolves the case, the court has enjoined SPAH from further sales of its PRRS vaccines. SPAH plans to appeal the verdict.
The Bayer PRRS vaccine, Prromise, currently remains on the market, thanks to a licensing agreement that was signed with Boehringer a couple of years ago, says John Payne, senior vice president, Bayer Corp.