Intellectual Property,
Health Care & Hospital Law,
Civil Rights
May 5, 2021
Patent case against Pfizer, BioNTech to proceed
Senior U.S. District Judge Marilyn L. Huff in San Diego refused to dismiss the case, finding that the federal safe harbor provision of 35 USC 271 (e) (1) doesn’t immunize infringement of an invention that itself is not subject to federal approval, such as a research tool.
A federal judge allowed a patent infringement suit against Pfizer and BioNTech to proceed Wednesday, finding that the research tool they used in developing a COVID-19 vaccine is not included in a federal safe harbor provision that protects such activity.
Allele Biotechnology sued Pfizer and BioNTech last fall, alleging that, without permission, they used its patented mNeonGreen fluorescent protein as a research tool during their vac...
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