News & Analysis as of August 29, 2025

Patent Trial and Appeal Board

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UK Court of Appeal Upholds Moderna mRNA Patent Against Pfizer/BioNTech

Goodwin on 8/15/2025

On August 1, 2025, a UK Court of Appeal upheld the validity of Moderna’s European Patent No. 3,590,949 (“EP’949”) in a dispute with Pfizer and BioNTech. The decision affirmed a July 2024 UK High Court ruling finding that...more

Arbutus and Genevant Sue Moderna in First Significant Patent Infringement Lawsuit in the mRNA Space

Rothwell, Figg, Ernst & Manbeck, P.C. on 3/28/2022

In the first major patent infringement lawsuit in the mRNA space, on February 28, 2022, Arbutus Biopharma Corporation (“Arbutus”) and Genevant Sciences GmbH (“Genevant”) sued Moderna, Inc. and ModernaTX, Inc. (collectively...more

Shots Fired: Challenger Must Have Requisite Standing Before Appealing Unfavorable IPR Decisions

McDermott Will & Schulte on 12/16/2021

The US Court of Appeals for the Federal Circuit found, in the context of an appeal from an inter partes review (IPR) decision, that the appellant had Article III standing and affirmed a Patent Trial & Appeal Board (Board)...more

To Stay Or Not To Stay: The Impact Of IPRs On Patent Litigation

Porter Hedges LLP on 5/4/2021

Over the course of the past year, trial attorneys in state and federal courts have seen cases effectively stayed by COVID-related delays. COVID hampered in-person discovery and caused courts to re-set jury trial dates. Such...more

10 Patent Prosecution, Litigation Practice Trends From 2020

WilmerHale on 1/11/2021

While 2020 was a year of unprecedented challenges, it also spurred ingenuity in the ways we practice and highlighted the centrality of intellectual property to the American economy. As we head into the promise of a new year,...more

Filing Date Motion Granted Due To COVID-19

Jones Day on 11/24/2020

NeuMoDx Molecular, Inc., (Petitioner) who was otherwise barred from pursuing two IPR proceedings regarding patents owned by HandyLab, Inc. (Patent Owner) under 35 U.S.C. § 315(b)’s one year deadline, filed a Motion to Change...more

COVID-19 Vaccine Leader Moderna “Not Aware of Any Significant Intellectual Property Impediments” in Development of its Vaccine...

Rothwell, Figg, Ernst & Manbeck, P.C. on 11/16/2020

Moderna, one of the global leaders in developing a safe and effective vaccine to combat COVID-19, appears poised to get through clinical trials with a vaccine that is based on mRNA technology. As was recently announced,...more

PTAB Due Date Extensions Available Under CARES Act Amid COVID-19 Outbreak

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/6/2020

On Tuesday, March 31, 2020, the United States Patent and Trademark Office (USPTO) issued Notices of Waiver of certain USPTO deadlines, including deadlines in inter partes review (IPR), post grant review (PGR), and covered...more

UPDATE: NAVIGATING THE USPTO DURING THE COVID-19 PANDEMIC

Robins Kaplan LLP on 4/1/2020

Updated April 1, 2020 We previously reported on USPTO COVID-19 related information, including a prior statement that the USPTO was unable to change deadlines. The USPTO has now obtained statutory authority to modify...more

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