Late last week, Moderna sued Pfizer and BioNTech alleging patent infringement. Moderna’s suit claims that Pfizer and BioNTech copied crucial features of its patented technology, including making the same chemical modification to their mRNA and targeting the same type of protein, known as spike protein, that Moderna claims its scientists had pioneered years earlier.
Moderna is seeking damages, which could include royalties and lost profits. The ultimate resolution may involve a licensing agreement between the Companies, but not until all the parties will have spent a tremendous amount of resources in litigation costs and expenses.
Regardless of the outcome of this legal drama, every day businesses should consider how their intellectual property is protected in order to avoid expensive litigation. The considerations range from whether appropriate registrations are in place for the business’s trademark, software, and patents to whether employees and contractors are under a contractual obligation to protect Company trade-secrets and other proprietary and confidential information.
If you are a business or employer looking to make sure that you understand your intellectual property rights and options, the attorneys at Outside Legal Counsel LLP can help.
This is not legal advice and is attorney advertising.
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