Merck Sharp & Dohme Animal Health, S.L & Intervet International, B.V. v. Bayer Hispania, S.L., Commercial Court No. 1 of Barcelona, Spain, 29 July 2014, Docket No. 727/2014.
MSD companies Merck Sharp & Dohme Animal Health, S.L. (“MSD AH”) and Intervet International, B.V. (“Intervet”) have been awarded in Spain urgent and ex parte preliminary relief against the Spanish branch of the group Bayer, Bayer Hispania, S.L. (“Bayer”), in a patent infringement and unfair competition litigation which brings cause of Bayer’s off label promotion in the Spanish market of its dog collar ‘Seresto’ as suitable for controlling canine leishmaniasis. Commercial Court No. 1 of Barcelona granted such urgent relief in hardly 24 hours, by means of a Decision rendered on 29 July 2014, in light of serious indications that Intervet’s patent rights were indeed being infringed, which justified injunctive measures being urgently ordered on Bayer.