Velcera And FidoPharm Say An Appeal To Merial’s Claim Imminent

Merial to appeal judge’s decision to bar PetArmor Plus.

The United States District Court for the Middle District of Georgia on Tuesday granted motions filed by Merial Limited and Merial SAS for contempt against Velcera and FidoPharm and their contract manufacturer for PetArmor Plus, Cipla Limited.

The court stayed its order for 60 days to allow for an appeal to the United States Court of Appeals for the Federal Circuit.

Velcera and FidoPharm say the pet health products companies intend to seek an expedited appeal and will defend their ability to continue selling PetArmor Plus, the first generic fipronil product available on retail shelves in the U.S.

Velcera and FidoPharm stated in a press release that the companies intend to pursue the action they filed in federal district court in Delaware in February 2011, seeking a declaratory judgment that Merial’s patent directed to a particular composition containing fipronil and s-methoprene is invalid and not infringed by PetArmor Plus. The validity of Merial’s patent was not at issue in the Georgia court proceedings.

PetArmor Plus currently remains on the market.

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