Intervet UK Ltd v Merial R.'s University of Belfast the University of Saskatchewan

Intervet UK Ltd v Merial R.'s University of Belfast the University of Saskatchewan

The patent is invalid for lack of entitlement to priority, obviousness over Nayar, and insufficiency; Intervet’s Porcilis PCV does not infringe claim 18 as construed; proposed amendments do not save the patent.

Parties
Claimant: Intervet UK Limited; Defendant: Merial; Defendant: The Queen’s University of Belfast; Defendant: The University of Saskatchewan
Jurisdiction
England and Wales
Judgment Date
23 February 2010
Procedural Posture
Patent Infringement and Revocation / Final Judgment
Outcome
Patent revoked; no infringement found.
Legal Topics
Patent Validity, Priority, Obviousness, Insufficiency, Infringement, Amendment, Diagnostic Methods, Vaccines
Intellectual Property Patent Law Patent Validity Priority Obviousness Insufficiency Infringement Amendment +2 more

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Parties

Intervet UK Limited

Claimant

Merial

Defendant

The Queen’s University of Belfast

Defendant

The University of Saskatchewan

Defendant

Procedural Posture

Patent Infringement and Revocation / Final Judgment

Legal Issues

  1. 1 Whether European Patent (UK) No. 1 386 617 is valid
  2. 2 Whether the patent is entitled to priority from the Priority Document
  3. 3 Whether the patent is obvious in light of Nayar

Ratio Decidendi

The patent is invalid for lack of entitlement to priority, obviousness over Nayar, and insufficiency; Intervet’s Porcilis PCV does not infringe claim 18 as construed; proposed amendments do not save the patent.

Court Disposition

Patent revoked; no infringement found.

Orders

  • Patent revoked.
  • Intervet has not infringed claim 18.