Intervet UK Limited v Merial & Others, High Court of Justice, Chancery Division, Patents Court, London, UK, 23 February 2010, Case No.  EWHC 294 (Pat), with thanks to Richard Willoughby, Howrey
Today, the approved judgment of Mr Justice Arnold has been published regarding the UK aspect of a number of associated actions concerning the Defendant's European patent entitled "Method for the in vitro diagnosis of type II porcine circovirus infection and diagnostic reagents" (the "Patent"). In summary, the Defendants alleged that Intervet had infringed claim 18 of the Patent by making a vaccine know as Porcilis PCV. Intervet denied infringement, and sought revocation of the Patent. Mr Justice Arnold has held that the Patent is invalid and must be revoked for reasons of obviousness, and made reference to the Dutch court's conclusions on this point in his judgment. Mr Justice Arnold further held that, in any event, Intervet had not infringed claim 18.
Intervet v. Merial, accelerated invalidity proceedings, The Hague District Court, The Netherlands, 9 December 2009, Docket No. 341571 / HA ZA 09-2183, with thanks to Willem Hoyng, Howrey
The District Court of The Hague invalidates the Dutch part of three European Patents of Merial concerning the Post-Weaning Multisystemic Wasting Syndrome (PMWS) (a disease common in pigs) and vaccine technology.
Merial is liable for the damages caused by the descriptive seizures conducted at the Intervet premises (Art. 7 Enforcement Directive). The calculation of these damages will take place in separate follow-up proceedings for the determination of damages.