PHARMAQ's PD vaccine prevails before the Supreme Court

- Outright victory at the Supreme Court

Oslo,
5th of April 2017

• In 2014, MSD obtained a supplementary protection certificate which effectively extended the term of their patent covering PD vaccines and prevented other suppliers from gaining access to the market to 2020
• The Norwegian Supreme Court has now decided that MSD had no legal right to such a monopoly and the certificate has been revoked
• The decision means that other suppliers are now able to offer alternative vaccines against PD

On the 4th of April 2017, the decision by the Supreme Court upheld PHARMAQ's argument that the supplementary protection certificate effectively extending the term of the patent should not have been awarded to MSD.

In its ruling, the Norwegian Appeals Court considered the comparative efficacy and stated that "[t]he Court of Appeal's overall assessment of the research data presented and the other evidence is that there are significant differences in vaccine efficacy, and that PHARMAQ's vaccine in actual practice has a significantly better effect against SAV-3 infection than Intervet's vaccine. The differences are consistent and systematic".

If the Norwegian and global aquaculture sectors are to operate sustainably, they need product variation and choice. Since 2004, PHARMAQ has contributed to this by measures such as the launch of 28 vaccines providing protection against a broad range of diseases, and which have made it possible to almost eliminate the use of antibiotics in the Norwegian aquaculture industry.

PHARMAQ has been prevented from launching its own PD vaccine because of the MSD monopoly, and is now looking forward to obtaining market access for the vaccine which has been ready for some time. It will provide the Norwegian aquaculture sector with an effective alternative in its fight against PD.

"This decision is no surprise, we always knew our vaccine was significantly more effective for pancreatic disease in Salmon in Norway and we are pleased that the Supreme Court has confirmed the decision from the Appeal Court and denied MSD the supplementary protection certificate", says PHARMAQ President Morten Nordstad.

For further information, please contact:
Morten Nordstad, President, PHARMAQ – a business of Zoetis
Telephone: +47 23 29 85 10
Mobile: +47 907 52 853

About PHARMAQ
PHARMAQ is the global leader in vaccines and innovation for aquaculture and part of Zoetis, the world leader in animal health. The company provides environmentally sound, safe and efficacious health products to the global aquaculture industry through targeted research and the commitment of dedicated people. Production facilities, administration and research and development activities are based in Norway with subsidiaries in Chile, United Kingdom, China, Vietnam, Turkey, Spain, Panama and Singapore. PHARMAQ has approximately 220 employees. The company's products are marketed in Europe, North and South America, and Asia. For further information, visit the company's website at www.pharmaq.com