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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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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. Code § 1498 (a).

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Trinity Info Media, LLC, fka Trinity Intel Media, LLC, v. Covalent, Inc., No. 2022-1308 (Fed. Cir. July 14, 2023) (“Opinion”)

Intellectual Property Law Blog

Background Trinity sued Covalent for patent infringement of U.S. Patent 9,087,321 (“the ’321 patent”) and U.S. Patent 10,936,685 (“the ’685 patent”) (collectively, “the challenged patents”). The challenged patents are related and both trace their priority date to U.S. 321 patent col.

Invention 147
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[Guest post] Closing the patent loophole across borders

The IPKat

Patents set themselves apart from other IP rights as inventions are often composed of multiple physical components or steps in a method, which does not necessarily have to exist or be performed at the same time and place. Motorola Inc , [2010] EWHC 118 (Pat). See Menashe Business Mercantile Ltd v. William Hill Org. 2d 1070 (Ct.

Patent 86
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mRNA Patent Litigation: The ‘Sport of Kings’

SpicyIP

Moderna recently sued Pfizer alleging patent infringement of three out of eight patents that cover its Covid 19 vaccine (Spikevax). Moderna’s patent infringement lawsuit is a revenue seeking activity since Moderna wants fair compensation but does not want to remove Comirnaty from the market. Image from here.

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Patent Eligibility Jurisprudence

Patently-O

Like the dissenting judge on the panel, several of the opinions denying rehearing en banc faulted the panel majority for establishing a new “nothing more” test—if the claimed invention “clearly invokes a natural law, and nothing more, to accomplish a desired result”—for patent ineligibility. at 1366 (O’Malley J.,

Patent 102
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Supreme Court Declines to Weigh in on Notice Required to Trigger Statute of Limitations for Trade Secret Misappropriation Claims

LexBlog IP

Petitioners allege that in 2015, they discovered that Illumina and other Respondents were engaged in a 25-year conspiracy to steal their inventions, including by “fraudulently conceal[ing] the misappropriated IP in multiple patent applications” as early as the late 90’s.