CYNTEGRA Seeks Injunction Against IDEXX Laboratories In The Wake Of The Slaughter Of Thousands Of Cats And Dogs In South Korea

Main Category: Bird Flu / Avian Flu
Also Included In: Veterinary
Article Date: 06 Dec 2006 - 0:00 PDT

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CYNTEGRA Inc., the developer of a revolutionary molecular pathogen diagnostic system capable of the simultaneous detection of dozens of serious disease agents in pets, has followed its filing of a complaint against IDEXX Laboratories, Inc. in the Central District Court of California, with a motion for Preliminary Injunction. In the complaint, CYNTEGRA seeks the termination of IDEXX's practices of "exclusive dealing," in which IDEXX requires that its distributors, who are the major distributors of veterinary products in the U.S. to veterinarians, refrain from selling the products of other companies that IDEXX defines as "competitive." CYNTEGRA maintains that IDEXX has gone so far as to prevent new products, such as the cutting-edge veterinary diagnostics developed by CYNTEGRA, from entering the market. In the complaint, CYNTEGRA alleges that IDEXX threatened its distributors if they carried CYNTEGRA's products, resulting in the cancellation of millions of dollars in orders for CYNTEGRA.

CYNTEGRA has moved for the injunction after a recent outbreak of bird flu in South Korea resulted in the forced slaughter of thousands of cats and dogs, for fear that these companion animals may transmit the virus to humans. Transmission of the bird flu to dogs and cats has been demonstrated, and the CYNTEGRA molecular diagnostic panel includes a rapid, sensitive test for bird flu and its variants that occur in dogs and cats. The CYNTEGRA panels are designed to provide periodic "wellness" testing in these companion animals, in order to rapidly detect serious diseases, including bird flu during the early stages of infection, compared to the later stage detection offered by tests sold by IDEXX. CYNTEGRA believes that without this rapid detection tool, U.S. veterinarians, animal health workers and pet owners may be risking greater personal exposure to the virus. CYNTEGRA is concerned that without a fast, cost-effective method of detection available to veterinarians, a potential bird flu pandemic in companion pets in the USA could result in the US government taking actions similar to the South Korean government, and forcing the euthanasia of millions of pets.

Dr. Jeffrey Werber, a Los Angeles veterinarian and a frequent commentator of veterinary medical issues, has stated, in support of CYNTEGRA's motion for preliminary injunction:

"It is my opinion that the CYNTEGRA molecular diagnostic panels, capable of detecting larger numbers of pathogens in a single sample from an animal, offer a huge benefit to the public, with respect to reducing costs for detecting, treating and preventing the spread of a number of common and serious infections in animals. The savings would be in the millions, if not billions of dollars. To the extent early detection could also reduce the spread of diseases such as the avian flu, which are transmitted from animals to humans, the savings in terms of lives, is, of course, priceless."

IDEXX was not successful in obtaining dismissal from the court of CYNTEGRA's claims for unfair competition in its complaint, and CYNTEGRA has also requested the help of the U.S. Department of Justice in investigating IDEXX's practices.

Copies of the complaint and motion for preliminary injunction may be obtained from CYNTEGRA's counsel, Mandel & Adriano, at http://www.mandeladriano.com.

CYNTEGRA Inc.
http://www.mandeladriano.com

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