Posts Tagged: "District of Massachusetts"

Moderna Sues Pfizer, BioNTech Over COVID-19 mRNA Vaccine Patents

Moderna has sued Pfizer and BioNTech over the mRNA vaccine patents behind the COVID-19 vaccines. Moderna is not seeking to remove Comirnaty® from the market and is not asking for an injunction to prevent future sale, nor damages related to Pfizer’s sales for any COVID-19 vaccine used in 92 low- and middle-income countries. Moderna is represented by Wilmer Cutler Pickering Hale and Dorr. The patents asserted in the complaint filed in the District of Massachusetts are: U.S. Patent Nos. 10,898,574 (the “’574 patent”), 10,702,600 (the “’600 patent”), and 10,933,127 (the “’127 patent”).

Cardiac Monitoring Patent Invalidated Under § 101 as Patent Ineligibility

U.S. District Judge Indira Talwani of the District of Massachusetts signed an order dismissing a patent infringement suit brought by Malvern, PA-based wireless medical technology company CardioNet against Lowell, MA-based patient monitoring tech developer InfoBionic. Judge Talwani dismissed the suit after CardioNet’s asserted patent, which covers systems and techniques for monitoring cardiac activity, was found to be directed to patent-ineligible subject matter under 35 U.S.C. § 101… CardioNet filed a motion for leave to file a supplemental brief in support of the eligibility of the ‘207 patent arguing that the Federal Circuit’s decisions in Aatrix Software v. Green Shades Software and Berkheimer v. HP changed Section 101 precedent impacting several aspects of the district court’s patent eligibility analysis. However, Judge Talwani denied CardioNet’s motion a few days after it was filed.

CAFC invalidates Boston University patent claim for lack of enablement

“In sum, Defendants showed that epitaxially growing a monocrystalline layer directly on an amorphous layer would have required undue experimentation—indeed, that it is impossible,” the Federal Circuit found. The appellate court also found that Boston University created its own enablement problem by seeking a construction for “a non-single crystalline buffer layer” which included a purely amorphous layer. Along with reversing the district court’s denial of JMOL, the Federal Circuit dismissed-as-moot Boston University’s cross-appeal of the district court’s denial of attorney’s fees and enhanced damages.

What You Need to Know about the District of Massachusetts’ New Local Patent Rules

On June 1, 2018, the new patent local rules went into effect in the District of Massachusetts following a substantial overhaul that began over one year ago.  In January 2017, the judges in D. Mass. formed a committee which included ten local patent litigators to advise the court on revising its practices specific to patent litigation in the district.  The final draft of the proposed rules was released for public comment from December 2017 through February 2018, giving other patent litigators in the district and interested parties a first glimpse of the new rules and the ability to weigh in on their implications.  This week the court announced its final version of the rules, which will apply to all cases for which a scheduling order as yet to issue. 

Nike Sues Puma for Alleged Infringement of Footwear Patents

Nike is also asserting one patent related to its Nike Air technology, a footwear sole structure designed to protect an athlete’s joints and muscles from impact forces. U.S. Patent No. 7401420, titled Article of Footwear Having a Fluid-Filled Bladder with a Reinforcing Structure. Issued in July 2008, it claims an article of footwear with a sole structure having a bladder enclosing a fluid that provides an outward force on a first surface and a reinforcing structure extending around a portion of the bladder. Nike alleges that Puma first began infringing on the ‘420 patent in November 2017 when it released Jamming footwear that incorporated a fluid-filled bladder for foot support.