Indiana Intellectual Property Law News
Indianapolis, Indiana – Apparently, Epitopix, LLC d/b/a Vaxxinova US (“Vaxxinova”) is an animal health research and development company specializing in veterinary vaccines. Vaxxinova is the owner of three patents at issue, all entitled “Immunizing Compositions and Methods of Use,” U.S. Patent Nos. 8,282,941, 7,943,150, and 7,943,151 (collectively the “Patents in Suit”). According to the Complaint, Vaxxinova produced vaccine products using the specialized technology of the Vaxxinova Patents for cattle, poultry, and swine.
Vaxxinova claims it has discussed its technology including that of the Patents in Suit with Defendant, Elanco Animal Health, Inc. (“Elanco”), during potential business negotiations. When these negotiations ceased, it appears Elanco proceeded to develop and acquire technology that allegedly infringes upon the Patents in Suit. Vaxxinova claims Elanco launched a new product family called Nuplura PH+ that allegedly infringes the Patents in Suit after Vaxxinova informed Elanco of the allegations.
Therefore, Vaxxinova is seeking damages and fees for willful patent infringement of the Vaxxinova Patents pursuant to 35 U.S.C. §§ 284 and 285.
The case was assigned to Senior Judge Sarah Evans Barker and Magistrate Judge Matthew P. Brookman in the Southern District and assigned Case 1:21-cv-00712-SEB-MPB.