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Coronavirus/COVID-19 › Patents › Inter Partes Review (IPR) Proceeding

Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms... more +
Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -
Goodwin

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

Goodwin on

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

McDermott Will & Schulte

Testing Negative: Collateral Order Doctrine Precludes Appellate Jurisdiction

McDermott Will & Schulte on

Addressing appellate jurisdiction in view of the collateral order doctrine, the US Court of Appeals for the Federal Circuit dismissed an appeal of a district court’s ruling denying a motion to dismiss because the district...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2024 #3

Schwabe, Williamson & Wyatt PC on

Copan Italia SPA v. Puritan Med. Prods. Co. LLC, Appeal No. 2022-1943 (Fed. Cir. May 14, 2024) The Federal Circuit’s only precedential opinion concerning a patent case this week had nothing to do with patent law....more

Venable LLP

The State of Biosimilars in 2023

Venable LLP on

It has been 13 years since the Biologics Price Competition and Innovation Act (BPCIA) was enacted and biosimilars had a pathway to enter the U.S. market. While there have been challenges over this time, the U.S. biosimilar...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Case - February 2022 #3

Schwabe, Williamson & Wyatt PC on

Alarm.com Inc. v. Hirshfeld, Appeal No. 2020-2102 (Fed. Cir. Feb. 24, 2022)- In an appeal from the U.S. District Court for the Eastern District of Virginia, the Federal Circuit addressed whether the ex parte reexamination...more

McDermott Will & Schulte

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

McDermott Will & Schulte on

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

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (November 29 - December 3): COVID-19 Vaccine Patents at the PTAB

Morrison & Foerster LLP - Federal Circuitry on

Last week the Federal Circuit was gearing up for its December argument sitting, but the Court still found time to issue several decisions. Below we provide our usual weekly statistics and our case of the week—our highly...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The mRNA Patent and Competitive Landscape: Pioneers, Litigation Outlook and Big Pharma’s Next Moves (Part III)

Rothwell, Figg, Ernst & Manbeck, P.C. on

In Part I of this series providing a summary of the mRNA IP and competitive landscape through one year of the COVID-19 pandemic, we focused on market players BioNTech, Moderna and CureVac; in Part II, we discussed Translate...more

Porter Hedges LLP

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

Porter Hedges LLP on

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

WilmerHale

10 Patent Prosecution, Litigation Practice Trends From 2020

WilmerHale on

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

Jones Day

Filing Date Motion Granted Due To COVID-19

Jones Day on

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

Rothwell, Figg, Ernst & Manbeck, P.C.

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

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

Rothwell, Figg, Ernst & Manbeck, P.C.

Breaking Down Moderna’s COVID-19 Patent Pledge: Why Did They Do It?

Rothwell, Figg, Ernst & Manbeck, P.C. on

Last month, Moderna Therapeutics, one of the global leaders in the race to produce a COVID-19 vaccine, made the following statement regarding enforcement of its patents: We feel a special obligation under the current...more

Farella Braun + Martel LLP

Monetizing University Patent Portfolios During the Economic Downturn

Farella Braun + Martel LLP on

Colleges and universities may be leaving money on the table with under-utilized patent portfolios. The time is right, as the law has shifted in favor of patent owners, both in inter partes review litigation before the Patent...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

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

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

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

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