Microbix Biosystems Inc., an innovator of biological products and technologies, 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.

Microbix filed its first complaint against Novartis in the Eastern District of Texas on January 6, 2014, alleging infringement of its Virusmax patent in the United States.

Microbix successfully defended its European Virusmax patent against Novartis’ Opposition at the European Patent Office in January 2014 when, following a hearing in Munich, the Office rendered a decision in favour of Microbix and confirmed that the Virusmax technology is a novel, useful and non-obvious invention. Novartis has now appealed that decision. Microbix was also 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 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.

An independent study published in the Journal of Vaccine in 2007 reported that the application of Virusmax technology led to a significant increase in flu virus production in eggs. These trials used methods comparable to those employed in seasonal influenza vaccine manufacture. The company has also demonstrated substantial yield increases over conventional manufacturing processes for a number of influenza vaccine strains using its technology.

Vaughn Embro-Pantalony, president and chief executive officer said, “Microbix discovered the presence of large quantities of flu virus in eggs that was previously unrecognized by the industry. Virusmax is the innovative manufacturing process developed by Microbix for the vaccine industry based on that discovery. Following the successful defense of our European patent in January 2014, we are taking this next step to enforce our intellectual property rights in Europe.”

Microbix Biosystems Inc. specializes in the development of biological solutions, including products for vaccine and diagnostics markets worldwide.