Mars Veterinary, makers of the Wisdom Panel™ dog DNA tests has filed a patent infringement suit against BioPet Vet Lab and PetSafe and obtained a preliminary injunction prohibiting BioPet and PetSafe from selling their dog DNA breed identification kits.
Mars has been a leader in the development of dog breed identification services and is the exclusive licensee of a U.S. patent on the use of DNA markers to determine the breed heritage of mixed breed dogs (U.S. Patent 7,729,863). Its Wisdom Panel™ canine DNA analyses are based on nearly a decade of extensive research, drawing from the expertise of leading scientists, veterinarians, universities and breed organizations throughout the world. This science has not only yielded the swab-based Wisdom Panel™ Insights, the most comprehensive swab product on the market, but also Wisdom Panel™ Professional, the only blood-based canine DNA analysis available exclusively through veterinarians. Wisdom Panel™ development included the analysis of more than 19 million DNA markers from more than 13,000 dogs, enabling the detection of breed composition of a mixed-breed dog with unprecedented accuracy.
Last year, Mars along with the patent owner Fred Hutchinson Cancer Research Center and Argus Genetics filed the patent infringement suit against BioPet, and then added PetSafe, because of their distribution and sale of dog DNA breed identification kits and services under their own brands. Mars successfully obtained a preliminary injunction in the U.S. District Court in Norfolk in March 2011 against BioPet and PetSafe to stop the sale of their dog DNA test kits and associated services to process the results. Shortly after the preliminary injunction was obtained, BioPet and PetSafe appealed the preliminary injunction and also filed an emergency request to stop the injunction during the appeal process. The appellate court then granted a very short stay of the injunction until it considered whether to stop the injunction during the entire appeal process.
On June 15, the appellate court denied BioPet/PetSafe’s request to stop the injunction during the appeal process. As a result, the injunction against BioPet and PetSafe’s infringing products and services is again in effect.
Mars respects the patent rights of others and expects others will show the same consideration of Mars’ patents. When competitors choose to infringe on the rights of Mars, the Company will seek to protect and enforce its rights and protect its market position.
For more information about Wisdom Panel™, visit www.wisdompanel.com.