Microbix Biosystems announced it has commenced a new patent litigation against Novartis, alleging infringement of its Virusmax patent in Europe
The announcement came on July 10th, which detailed that Microbix Biosystems has commenced a new patent litigation in the Court of Dusseldorf, Germany against Novartis Vaccines and Diagnostics, alleging infringement of its VIRUSMAX patent in Europe.
This is not the first time that Microbix has filed a patent litigation against Novartis. Indeed, in January of 2014, Microbix filed its first complaint against Novartis in the Eastern district of Texas, United States. Microbix also alleged infringement of its Virusmax patent on this occasion.
Microbix successfully defended its European Virsumax patent against Novartis’ Opposition at the European Patent Office in January 2014 when the Office favoured Microbix and confirmed that the Virusmax technology is a novel, useful and non-obvious invention. Novartis has now appealed that decision.
Microbix was granted patents for the Virusmax technology in twenty-one countries between 2006 and 2011. Microbix Virusmax technology is used for increasing virus yields in egg-based vaccine manufacture. The most common way that flu vaccines are made is using such an egg-based manufacturing process. Egg-based vaccine manufacturing is used to make both inactivated (killed) vaccine and live attenuated (weakened) vaccine (usually called the “nasal spray”).
The patent application was first published internationally in 2004. At that time, governments, the World Health Organization and public health authorities worldwide expressed growing concern about limited global vaccine manufacturing capacity and supply, especially in light of a potential influenza pandemic.