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IP VIPs Slam U.S. Government’s Bid to Extend Section 1498(a) to Private Patent Infringement

IP Watchdog

government statement of interest filed in a patent infringement suit against Moderna, Inc.’s That statement argued that Moderna should be released from infringement liability under the terms of a government contract that “authorize[d] and consent[ed] to all use and manufacture” of any U.S. patented invention.

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Peloton, Lululemon and Nike Patent Infringement Lawsuits: Practical Intellectual Property Considerations

IPilogue

This article was written as a requirement for Prof. In late November 2021, Lululemon launched a lawsuit for design patent infringement against Peloton in relation to perceived similarities in the design elements of various pieces of activewear, including sports bras and leggings.

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

SpicyIP

BioNTech/Pfizer’s response is below: This article was originally published on Bill of Health , the blog of Petrie-Flom Center at Harvard Law School. COVID-19 Vaccine Patent Infringement? In their initial August 2022 complaint , Moderna alleged that three of its mRNA patents were infringed by Pfizer/BioNTech.

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The UPC's first decision on infringement by equivalence (Plant-e v Bioo, UPC_CFI_239/2023)

The IPKat

In Plant-e v Bioo the UPC provided its first decision addressing the doctrine of equivalents in patent infringement proceedings ( UPC_CFI_239/2023 ). Legal background: Equivalence around Europe The Unified Patent Court Agreement (UPCA) contains no specific provisions on the doctrine of equivalence.

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A Free Speech Right to Accuse Others of Patent Infringement

Patently-O

ordered the patentee to (1) stop publicly stating that HBL copied the invention and (2) stop telling HBL customers that they could also be liable for infringement. At base, the issue has to do with the meaning of the article “a”: can “a” be plural? Judge Buescher (D.Neb.)

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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. A statutory defense to patent enforcement could be another solution, as seen in the American approach in 28 U.S. Code § 1498 (a).

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Pharma Companies, U.S. Government Spar Over Application of Section 1498 to Patent Infringement Claims Against Moderna’s COVID-19 Vaccine

IP Watchdog

government’s recent statement of interest filed in a patent infringement suit against Moderna’s COVID-19 vaccine. That statement argued that Moderna should be released from infringement liability under the terms of a government contract that “authorize[d] and consent[ed] to all use and manufacture” of any U.S.