Intellectual Property Expert Group
Intellectual Property Expert Group
Moderna sued on Friday, August 26 both Pfizer and BioNTech, claiming that their Covid vaccine copied its groundbreaking technology. Moderna said in a statement that Pfizer and BioNTech infringed on patents filed between 2010 and 2016 that covered its mRNA…
In European countries, a patentee often must prove the accused infringer’s negligence in order to obtain patent infringement damages. In America, the situation is arguably more complicated. This post briefly addresses some of the questions relating to this situation that…
The United States Supreme Court has granted a writ of certiorari this term in Nautilus, Inc. v. Biosig Instruments, Inc. (reviewing the Court of Appeals’ decision in Biosig Instruments, Inc. v. Nautilus, Inc., 715 F.3d 891 (Fed. Cir. 2013)), to…
As we noted in a previous item (“Reselling products in the USA, Part II: ‘First Sale’ doctrine in patent,” March 22, 2013), American patent law features a doctrine of “exhaustion,” also sometimes (apparently interchangeably) called “first sale.” If you own…
As most patent practitioners know, the appellate court for United States patent cases, the Court of Appeals for the Federal Circuit, reviews decisions on how patent claims should be construed without any deference to the district court, and has the…