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COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues

SpicyIP

COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues Last month, the patent battle between COVID-19 mRNA vaccine manufacturers continued with BioNTech/Pfizer filing a strong defense and counter-claim to Moderna’s allegations of patent infringement.

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Federal Circuit Debates Scope of 271(e)(1) Safe Harbor and the Meaning of “Solely”

Patently-O

highlights tensions in the court’s interpretation of the patent infringement safe harbor under 35 U.S.C. § 271(e)(1) provides an exemption from patent infringement liability for certain activities related to seeking regulatory approval of drugs and medical devices. 193 (2005). 193 (2005). 271(e)(1).

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Claim Construction Order Sets Stage for Moderna v. Pfizer Vaccine Patent Showdown

Patently-O

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 2005) (en banc). 10,898,574, 10,702,600, and 10,933,127.

Patent 97
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Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

SpicyIP

This is because they allow competitors to the patent applicant, who are more likely to be more familiar with the invention sought to being patented, to contribute to the examination process by bringing forth the latest “prior art” to the attention of the Patent Office.

Patent 52
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Supreme Court on Patent Law: November 2023

Patently-O

Specifically, the Board found MacNeil was entitled to a presumption that its evidence of commercial success, long-felt need, and industry praise related to its WeatherTech® product reflective of the inventiveness of the claims of the ’186 Patent. 408, 417 (2005). 101 as claiming only abstract ideas and no inventive concept.

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Covenant to not sue “at any time” terminated with the license agreement

Patently-O

Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” The hook for the Federal Circuit was a declaratory judgment counterclaim filed by MasterCard seeking a ruling that an AlexSam patent was invalid.

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Biogen Seeks a Preliminary Injunction in Natalizumab BPCIA Case Against Sandoz

LexBlog IP

Biogen alleges infringement of twenty-eight patents under the BPCIA based on Sandoz’s submission of an aBLA for PB006, a proposed biosimilar of TYSABRI (natilizumab). ” Biogen seeks a judgment that Sandoz and Polpharma have infringed or will infringe the asserted patents, and preliminary and permanent injunctive relief. .”