On October 20, 2009, Wyeth (now Pfizer, as of last week!) was issued a fairly-broad patent -- one covering various aspects of the vaccination process, for a type of viral infection often seen in piglets.
That same day, it filed a rather ponderous suit against Schering's Intervet Animal Health businesses (and BIVI, the company that bought some Pfizer/Wyeth animal health assets at FTC suggestion last week, in order to clear the path for Pfizer to close the acquisition of Wyeth -- but that's another story!), alleging willful infringement in the manufacture and sale of the Intervet line of porcine Circumvent® and Porcilis® vaccines.
Declaring the infringing conduct "willful" means that Pfizer may potentially triple its recovery -- under the relevant patent statutes, should it prevail in showing that Intervet acted "willfully" in producing the porcine circovirus vaccines in the face of the pending Wyeth patent application. [Click the image at right to enlarge, and read the operative portion of the Wyeth-cum-Pfizer complaint.] Pfizer has also demanded that the case be tried before a jury, in the Delaware federal District court.
Hat tip to the Patent Docs.org blog for this:
. . . .Wyeth v. Intervet Inc., et al., (1:09-cv-00780; filed October 20, 2009 in the District Court of Delaware). . . .
Infringement of U.S. Patent No. 7,604,808 ("Circovirus Sequences Associated with Piglet Weight Loss Disease") based on defendant's manufacture and sale of their Circumvent® and Porcilis® vaccines (porcine circovirus vaccines). . . .