By Kevin E. Noonan –Measurement of the hydrogen ion concentration in an aqueous solution is represented (on a logarithmic scale) as the pH, wherein water under ambient conditions (a temperature of 25°C) has a neutral pH of 7 and the
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Exelixis, Inc. v. MSN Laboratories Private Ltd. (Fed. Cir. 2026)
By Kevin E. Noonan –Written description jurisprudence has been one of the areas of statutory explication of Section 112(a) (along with enablement) primarily under the purview of the Federal Circuit (until the Supreme Court’s Amgen v. Sanofi decision on enablement;
Patentees File Claim under 28 U.S.C. § 1498 before Court of Federal Claims, and Federal Government Files Motion to Dismiss under 28 U.S.C. § 1500
By Kevin E. Noonan –In addition to Arbutus Biopharma and Genevant Sciences defending on appeal the District Court’s summary judgment decision in their favor, these plaintiffs filed their complaint against the Federal Government pursuant to 28 U.S.C. § 1498 for
Amici Address Section 1498 Scope in Moderna COVID-19 Infringement Appeal: In Favor of Reversal
By Kevin E. Noonan –The parties in the appeal of the District Court’s grant of summary judgment to Arbutus and Genevant over Moderna, holding Moderna liable for $1.3 billion in patent infringement damages, attracted a fair amount of amicus support.
Amici Address Section 1498 Scope in Moderna COVID-19 Infringement Appeal: In Favor of Affirmance
By Kevin E. Noonan –The parties in the appeal of the District Court’s grant of summary judgment to Arbutus and Genevant over Moderna, holding Moderna liable for $1.3 billion in patent infringement damages attracted a fair amount of amicus support.
Arbutus Responds to Moderna’s Appeal of District Court Infringement Judgment over COVID Vaccines
By Kevin E. Noonan –Arbutus Biopharma and Genevant Sciences, having prevailed in district court litigation against Moderna involving infringement of U.S. Patent Nos. 8,058,069, 8,492,359, 8,822,668, 9,364,435, 9,504,651, and 11,141,378 regarding lipid nanoparticle (LNP) technology
Moderna Appeals District Court Infringement Judgment over COVID Vaccines
By Kevin E. Noonan –One of the beneficial characteristics of the response to the COVID-19 pandemic were pledges from companies involved in developing vaccines (such as Moderna, Pfizer, BioNTech, and others) not to enforce patents on relevant technology during the
USPTO Requires Foreign-domiciled Patent Applicants and Owners to Be Represented by USPTO-registered Practitioners
By Donald Zuhn –In a Patent Alert distributed last week, the U.S. Patent and Trademark Office reminded stakeholders that beginning on Monday, July 20, patent applicants and owners who are not domiciled in the U.S. or its territories are now
Extremity Medical, LLC v. Nextremity Solutions, Inc. (Fed. Cir. 2026)
By Kevin E. Noonan –Since the institution of inter parte review (IPR) proceedings under the Leahy-Smith America Invents Act in 2012, parallel proceedings before the Patent Trial and Appeals Board and district courts have become somewhat commonplace. Frequently, the former
PTAB § 101 Affirmance Rates Dip under Director Squires
By Michael Borella and Walter DeGroft[1] –For the fifth consecutive year, we have surveyed how the Patent Trial and Appeal Board (PTAB) decides appeals of § 101 rejections from examiners. Readers of the previous installments will know the drill