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Still searching for an investor or buyer to save its underfunded human health care effort, Syntro Corp. of San Diego now faces a patent infringement suit that could threaten its main business: animal vaccines.
On March 7 Upjohn Co. of Kalamazoo, Mich., filed the suit in Federal District Court in Delaware, where both companies are incorporated. The suit alleges that Syntro, by manufacturing and selling its first product-a pseudorabies vaccine for swine-has infringed on a patent granted to Upjohn.
The suit seeks to have Syntro's product removed from the market. Upjohn also asks for damages for sales lost to Syntro, said Jack Fitzpatrick, Syntro's chief financial officer.
The damages amount was not specified in the suit.
Syntro, which late last year announced it needed $30 million to address its human health business, had been banking on the sales of the vaccine to help sustain overall operations, according to the company's 1988 annual report.
Both Syntro and Upjohn had developed and were seeking a patent on a similar type of vaccine. Syntro's product is called PRV/Marker; Upjohn's is called Tolvid.
Court records show that on March 7, Upjohn was issued a U.S. patent for its pseudorabies vaccine.
"Upjohn got patented last week for Tolvid, which it released six weeks ago. The same day the company got...