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Moderna sues Pfizer for mRNA Patent Infringement: when optics and profits reveal real issues in modern IP law usage

IPilogue

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. This exposes some concerns about our patent laws.

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Supreme Court of China casted punitive damages upon post-settlement-agreement repeated patent infringement

The IPKat

In the fight against intellectual property rights (IPRs) infringements, China does not consider punitive damages as a taboo. During the validity period of the patent, one of the two defendants,** ‘Baijia store’, sold Jin’s patented products without permission. On the contrary: it has embraced them as a useful tool.

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Guest Post: Patents in Islamic Law

Patently-O

Islamic law has primacy in Islamic countries that comprise nearly one-fifth of the world’s population. Many of these countries are members of Trade-Related Aspects of Intellectual Property Rights (TRIPS), which excludes from patentability certain inventions that offend morality in that society. patent law.

Law 106
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COVID-19 Showed the Benefits of 3D-Printing in Healthcare. Can IP get out of the way?

IPilogue

I will summarize here two published views on existing solutions to this IP problem: in a May 2022 article in The Journal of World Intellectual Property, Muhammad Z. An IP pledge is effectively a patent holder announcing a limited-time public license of their patent.

IP 120
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Patent Linkage Litigation in China: A Two-Year Review

IP Tech Blog

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

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Patent Damages Laws Regarding Apportionment are Inapplicable to Breach of Contract (FRAND) Claims

IP Watchdog

case number 19-40643: are patent laws regarding what constitutes a reasonable royalty applicable to questions of compliance with FRAND-related contractual obligations? Pursuant to appeal of that decision, however, the United States Court of Appeals for the Fifth Circuit has now addressed the photonegative question in HTC Corp.

Contracts 119
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Failure to Mark Patent Number on Products Results in Complete Loss of Pre-Suit Infringement Damages

LexBlog IP

While physically marking such a product is not always trivial (or desirable from a product aesthetic/marketing standpoint), an appropriate patent marking as suggested below would have provided the patent owner with the ability to collect pre-suit damages. Patent Act has been provided.