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

IPilogue

On August 26, 2022, Moderna released a press statement that they will pursue a patent infringement lawsuit against Pfizer/BioNTech for their use of Moderna’s registered mRNA patents in creating the Pfizer COVID-19 mRNA vaccine. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016.

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[Guest post] Closing the patent loophole across borders

The IPKat

The argument seems to originate from what is more commonly known as the “all elements rule”, which makes it clear that for there to be direct patent infringement, an infringing product or service must include each and every element of the patent claim. Motorola Inc , [2010] EWHC 118 (Pat). William Hill Org.

Patent 86
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Defending Design Patents

Patently-O

So these studies can’t tell us much about what’s going on in the Federal Circuit era, unless one assumes—unreasonably—that the Federal Circuit didn’t meaningfully change design patent law. We note that our findings are consistent with what Professor Crouch found in his 2010 study of design patent examination.).

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Guest Post by Prof. Contreras: HTC v. Ericsson – Ladies and Gentlemen, The Fifth Circuit Doesn’t Know What FRAND Means Either

Patently-O

Most significantly, HTC was the developer and manufacturer of Google’s Nexus One Android phone , which was released in 2010. In patent infringement cases, it is well-established that a patentee’s damages should reflect only the value of the patented features of an infringing product. Apportionment. Clark , 111 U.S.

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Navigating the Global Intellectual Property Landscape: Key Treaties and Agreements

IIPRD

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] 13] Patent Cooperation Treaty, June 19, 1970, 28 U.S.T. 121; 36 I.L.M.

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From Saving the World to Fighting Over IP: Moderna and Pfizer/BioNTech

The IP Law Blog

Moderna was founded in 2010 for the sole purpose of developing mRNA medicines. and the wealthy countries, Moderna announced that it expected its competitors to respect Moderna’s intellectual property and that it would offer patent licenses on reasonable terms to those who asked. Apparently, Pfizer and BioNTech did not ask.

IP 52
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No "German injunction gap" expedition in Abbott v Dexcom global diabetes battle, as Mr Justice Mellor expresses "some regret"

The IPKat

A primary motivation for Abbott's expedition application was to obtain a UK court decision on the validity of four European patents in order to influence a German court considering infringement of the German EP equivalents and to prevent the problems of the "injunction gap". Purr-haps a good topic for a dissertation.