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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 that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). In April 2021, Jin sued Baijia store for patent infringement. Shelly: 'Oops!…You

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

IPilogue

A mounting concern, however, was that the ability for anyone to download a physical 3D object may pose problems for IP rights. While the pandemic made it unattractive for patent holders to enforce their rights , it was important to consider possible avenues to ensure that IP does not hinder emergency response. Ballardini et al.

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Patent Law at the Supreme Court February 2022

Patently-O

Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. And, although the license is set to expire before the patents, the court found that potential future infringement to be too speculative. This question ties the case directly to MedImmune, Inc.

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Around the IP Blogs

The IPKat

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Another part of the round-up analyses EU copyright policy and mentions publications, meetings, resolutions, policy reports, statements and agreements of EU bodies and agencies and national IP offices.

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I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

All of us at the Garrigues IP Blog would like to wish you a very happy new year. This seems like the perfect time, then, to talk about one of the scenarios in which (IP wise) the past can prove to be extremely important when facing the future: the right of prior use to counter infringement of patents or utility models.

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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.

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