News & Analysis as of

Intellectual Property Protection Vaccinations

Sheppard Mullin Richter & Hampton LLP

Lexicography: Clear And Unequivocal

This Federal Circuit opinion analyzes lexicography in the context of claim construction. Alnylam Pharmaceuticals owns U.S. Patent Nos. 11,246,933 (parent) and 11,382,979 (child). These patents relate to biodegradable...more

Fenwick & West LLP

What We’re Watching Ahead of BIO 2025: Trends Shaping the Future of Biotech

Fenwick & West LLP on

As we head into BIO 2025 in Boston, our teams are closely watching trends in biotech and how those affect financings, business development, IP protection, risk, and litigation strategy. Here are eight key trends we’re...more

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

[Webinar] mRNA Patent Wars Update: Litigations Expand and Key Rulings Expected in 2025 - May 14th, 2:00 pm ET

Partner Dan Shores will present a webinar titled "mRNA Patent Wars Update: Litigations Expand and Key Rulings Expected in 2025" for Medmarc, the leading expert in the products liability risks facing medical technology and...more

Goodwin

Acuitas Files Suit Against CureVac Alleging Incorrect Inventorship on COVID MRNA-LNP Vaccine Patent Family

Goodwin on

​​​​​​​Acuitas Therapeutics Inc. (“Acuitas”) filed a complaint on November 13 against CureVac in the U.S. District Court for the Eastern District of Virginia, alleging incorrect inventorship of four U.S. Patents related to...more

McDonnell Boehnen Hulbert & Berghoff LLP

International Trade Commission Issues Report of COVID-19 IP Waiver

It came as something of a shock in May, 2021 when the Biden administration voiced support for waiver of intellectual property protection mandated under the TRIPS agreement for COVID-19 vaccines (see "Biden Administration...more

Ballard Spahr LLP

Comments Deadline Looms for Proposed TRIPS Waiver Expansion

Ballard Spahr LLP on

Summary - The U.S. International Trade Commission (USITC) is soliciting public comment on the proposed expansion of a June 2022 World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property...more

King & Spalding

U.S. International Trade Commission to Investigate Potential Waiver of International Intellectual Property Rights for COVID-19...

King & Spalding on

On February 1, 2023, the U.S. International Trade Commission (the “ITC”) initiated an investigation into the impact of intellectual property (“IP”) rights on the production, supply, and availability of diagnostics and...more

McDonnell Boehnen Hulbert & Berghoff LLP

"Zero Draft" of WHO CA+ Released

On February 1, the World Health Organization (WHO) released a "zero draft" of a WHO convention, agreement, or other international instrument on pandemic prevention, preparedness, and response (or "WHO CA+") for the...more

Akin Gump Strauss Hauer & Feld LLP

USITC Sets Out Process of Its Investigation into TRIPS Waiver Expansion

On February 1, the USITC formally announced the opening of its investigation into the merits of expanding the TRIPS Waiver to diagnostics and treatments. The investigation was initially requested by USTR, who had been leading...more

McDonnell Boehnen Hulbert & Berghoff LLP

WTO TRIPS Council Recommends That General Council Extend Waiver Deadline

On December 16, the Council for Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization (WTO) issued a report recommending that the General Council extend the deadline by which the WTO would...more

McDonnell Boehnen Hulbert & Berghoff LLP

Nine Countries Seek Extension of WTO Waiver to COVID-19 Therapeutics and Diagnostics

On December 6, the same day that the U.S. Trade Representative issued a statement on the June 17, 2022 Ministerial Decision that authorized developing Members to use the subject matter of a patent required for the production...more

Akin Gump Strauss Hauer & Feld LLP

USTR Announces Support for Extending TRIPS Waiver Expansion Discussions and Launches USITC Investigation

Key Points - On December 6, days before a deadline for WTO members to decide whether to expand the TRIPS waiver for COVID-19 vaccines to cover COVID-19 diagnostics and therapeutics as well, the Office of the USTR...more

Sunstein LLP

WTO Authorizes Partial TRIPS Waiver For Covid-19 Vaccines

Sunstein LLP on

As we previously reported, some members of the World Trade Organization (WTO), including India and South Africa, had called for a waiver of intellectual property enforcement on COVID-19 pandemic-related diagnostic kits,...more

A&O Shearman

Breaking: Global COVID-19 IPR waiver approved

A&O Shearman on

Last Friday 17 June 2022, the WTO member states came to an agreement on the long negotiated TRIPS Waiver. In its annual 6 days conference (the Ministerial Conference), the WTO member states agreed that all developing country...more

A&O Shearman

Potential compromise on COVID-19 IPR waiver: deadlock resolved?

A&O Shearman on

Last month, a leaked document regarding the TRIPS Waiver revealed a breakthrough between the EU, South Africa, India and the United States. After 18 months of negotiations, the four parties now have reached a high-level...more

Kilpatrick

WTO’s COVID-19 Waiver Negotiations

Kilpatrick on

We first posted about a potential waiver of patent rights related to COVID-19 medical tools on May 6, 2021 (Patents on COVID-19 Vaccines Feel free to infringe (kilpatricktownsend.com)). A recent version of the waiver released...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senators Send Letter to Commerce Secretary Regarding WTO Waiver Compromise

Last week, Senators Thom Tillis (R-NC), Tom Cotton (R-AR), and Marsha Blackburn (R-TN) sent a letter to Secretary of Commerce Gina Raimondo (at right) to express their "grave concerns with the so called 'compromise' agreement...more

McDonnell Boehnen Hulbert & Berghoff LLP

IP Associations "Concerned" by Reports of TRIPS Waiver Compromise

Earlier today, the American Intellectual Property Law Association (AIPLA), Intellectual Property Owners Association (IPO), Licensing Executives Society (LES) International, LES USA & Canada, and New York Intellectual Property...more

McDonnell Boehnen Hulbert & Berghoff LLP

More on Leaked WTO COVID-19 Vaccine Patent Waiver Compromise

A Reuters report published last week indicated that the United States, European Union, India, and South Africa had reached an agreement on a waiver with respect to patents for COVID-19 vaccines.  The text of the compromise...more

McDonnell Boehnen Hulbert & Berghoff LLP

Compromise Reportedly Reached on COVID-19 Vaccine Patent Waiver

According to a Reuters report published earlier today, the United States, European Union, India, and South Africa have reached an agreement on a waiver with respect to patents for COVID-19 vaccines...more

Katten Muchin Rosenman LLP

Kattison Avenue/Katten Kattwalk | Issue 1 - Winter 2022

New York Proposes Significant Regulation for Fashion Industry: The ‘Fashion Sustainability and Social Accountability Act’ - On January 7, New York State Senator Alessandra Biaggi and Assemblywoman Anna R. Kelles introduced...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sen. Tillis Writes to U.S. Trade Representative (Again) Regarding TRIPS Waiver

Earlier this month, Sen. Thom Tillis (R-NC), the Ranking Member of the Subcommittee on Intellectual Property of the Senate Committee of the Judiciary, wrote to United States Trade Representative Katherine C. Tai to express...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Trade Representative Responds to Letters from Senators Regarding TRIPS Waiver

Last week, United States Trade Representative Katherine C. Tai responded to a series of letters sent by a group of Senators regarding a proposal by India and South Africa to waive certain provisions of the World Trade...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights, Volume 2, Issue 22

Assignment and Recordation of Patent Ownership Rights - A patent has the attributes of intangible personal property: it can be sold or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Chamber of Commerce Urges Administration to "Double Down" on Global Vaccine Distribution

In a letter sent to U.S. Trade Representative Katherine Tai last week, the U.S. Chamber of Commerce expressed disappointment that the Biden Administration "continues to entertain actions, such as a waiver of the TRIPS...more

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