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

PTAB/USPTO Update - November 2023

WilmerHale on 11/6/2023

USPTO News - On October 23, 2023, the USPTO Office of the Chief Economist released a report detailing patenting activity related to COVID-19 diagnostic technology....more

Life Sciences Landscape: 2023 Mid-Year Industry Update

Ballard Spahr LLP on 7/21/2023

The Inflation Reduction Act (IRA), signed into law in August 2022, impacted a wide range of tax laws and touched many aspects of government. Significantly, part of the IRA provides Medicare with the ability to negotiate the...more

USPTO Open for Some In-Person Business

Foley & Lardner LLP on 5/31/2022

After being closed for more than two years due to the Covid-19 pandemic, the USPTO has opened all locations to employees and resumed some public in-person events. That said, PTAB hearings and TTAB hearings are still being...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

Five Impactful USPTO Procedural Developments for Patent Practitioners

Kilpatrick on 7/19/2021

As the world pivoted to navigate obstacles brought on by the COVID-19 pandemic, the USPTO not only adapted to address the challenges, but appeared to make the most of this period by improving existing procedures. Partner...more

PTAB/USPTO Update - May 2021

WilmerHale on 5/14/2021

USPTO News - USPTO announced a new category for its Patents for Humanity Program for inventors of technology to track, prevent, diagnose, or treat COVID-19....more

New USPTO COVID-19 Initiatives

Foley & Lardner LLP on 5/11/2021

As much of the United States is taking steps towards “getting back to normal,” the USPTO continues to implement programs to encourage investment and innovation in technologies addressing the COVID-19 pandemic. Recently, the...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

USPTO Fast-Tracks Appeals For FDA Approved COVID-19 Patents

Rothwell, Figg, Ernst & Manbeck, P.C. on 4/20/2021

On April 15, 2021, the United States Patent and Trademark Office (“USPTO”) implemented the COVID-19 Prioritized Examination Pilot Program (“Pilot Program”) to fast-track ex parte appeals of products or processes subject to an...more

USPTO/PTAB Update - March 2021

WilmerHale on 3/2/2021

USPTO News - ..Administrative Patent Judges Michael Cygan and Kristi L. R. Sawert, and Patent Attorney Thomas Volper discussed the one-year ex parte appeal, Fast-Track Appeals Pilot Program, and what happens after PTAB...more

The Briefing: COVID 19 Bill Stimulates the Economy and Changes in the Intellectual Property Law

Weintraub Tobin on 2/10/2021

In this episode, Scott and Josh discuss the changes in Intellectual Property Law stemming from the recently passed COVID-19 Stimulus Bill. The IP law blog is a publication of Weintraub Tobin (www.weintraub.com). The...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

Q+A With Goodwin’s ‘Hot’ Appellate Group

Goodwin on 11/13/2020

Goodwin’s Appellate Litigation practice has argued before the U.S. Supreme Court, federal courts of appeals and state appellate courts, representing clients in matters ranging from First Amendment rights to governmental...more

EDTX & NDTX Monthly Wrap-Up – September 2020

Fish & Richardson on 10/12/2020

This post is our latest review of noteworthy case developments in the Eastern and Northern Districts of Texas for the month of September 2020. Three subjects stand out this month: (1) relief due to COVID pandemic; (2) apex...more

[Virtual Event] 11th Summit on Biosimilars & Innovator Biologics - September 23rd - 24th, 7:45 am - 5:00 pm ET

American Conference Institute (ACI) on 8/17/2020

This year, the BPCIA turns 10! As we prepare to enter the next decade of this revolutionary law, we cordially invite you to join us for ACI’s 11th Annual Biosimilars & Innovator Biologics Summit, in a fully virtual,...more

[Virtual Event] Paragraph IV on Virtual Trial - COVID-19 Edition - August 20th, 8:45 am - 6:00 pm EDT

American Conference Institute (ACI) on 7/21/2020

Join us for a one-day virtual event for Counsel for Hatch-Waxman Litigators. While COVID-19 prevented us from meeting in person this April in NYC, we are pleased to announce a special one-day virtual event Paragraph IV on...more

June Boardside Chat: New Developments in AIA Trials

Jones Day on 6/15/2020

On June 11, 2020, the Patent Trial and Appeal Board (PTAB) held a Boardside Chat webinar to discuss new developments in AIA trials. The discussion featured panelists Vice Chief Judge Michael Tierney and Lead Judge William...more

USPTO Extends Patent Deadlines for Small and Micro Entities

Neal, Gerber & Eisenberg LLP on 6/3/2020

From March to May of 2020, the United States Patent and Trademark Office (“USPTO”) responded to the COVID-19 outbreak by offering various forms of relief to stakeholders. The widest ranging of these relief efforts was issued...more

Virus-Related Legislation Extends Patent and Trademark Deadlines

Sunstein LLP on 5/26/2020

The details of financial relief provided to households and businesses in the recently passed Coronavirus Aid, Relief and Economic Security (CARES) Act may have received all the press, but other provisions of the CARES Act...more

[Webinar] Examining the COVID-19 Effect on the Business and Practice of Hatch-Waxman Litigation - June 2nd, 12:00 pm - 1:00 pm EST

American Conference Institute (ACI) on 5/19/2020

The coronavirus global pandemic has ushered in extraordinary roadblocks for the pharmaceutical industry. To help you carve out a path forward, in-house senior executives and industry leaders will convene virtually at ACI’s...more

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