Covid is still alive in our society, folks. Including the courts too, turns out.

We’ve been watching with interest as Pfizer and Moderna go head-to-head over Moderna’s Covid-19 vaccine patents filed between 2010 and 2016.

The then courtroom-drama-in-the-making commenced fresh off the heels of the Covid-19 wave in August 2022.

The simple story of infringement is a simple one – you copied what I patented.

According to Moderna its patents were infringed by Pfizer, and Moderna feels hard done by.

“…we pioneered, invested billions of dollars in creating, and patented during the decade preceding the COVID-19 pandemic…” said Moderna’s CEO. **

Pfizer feels differently of course, this exhibited by their own efforts to get the Moderna patents invalidated.

Fast-forward to September 2024 and the case is still hot, both sides getting a bit of happiness and sorrow. Moderna has had one case declared invalid and another valid.***

This means that if the case finalises at this point Moderna likely receives damages, but less than it may have desired. Pfizer would pay less damages, but more than it would have wanted (which is zero).

I don’t know how I feel about this whole thing.

Spending billions before you even suspect or know if Covid is going to be a thing.

Could this be the mentality that we need to have as the human race – to be so visionary that we even create solutions for problems that have not even shown or become apparent?

Maybe disease has to be addressed like this, just like intellectual property rights. Proactively rather than reactively. The like registered IP we’d be to an extent safe from attack.

But, what do I know?

Brian Albert Dube is a registered Patent Lawyer and Electronic Engineer specialising in Electrical, Electronic, Software and Mechanical inventions. Contact him on +27 (0)76 673 4288 and at admin@dubeiplaw.co.za.

#ArtificialIntelligence #Inventions #Technology #Innovation #Patents #IntellectualProperty #DubeIP #DubeBrianAlbertAttorneys #Trademarks #Patents #Copyright #IPLaw

Sources:
** https://investors.modernatx.com/news/news-details/2022/Moderna-Sues-Pfizer-and-BioNTech-for-Infringing-Patents-Central-to-Modernas-Innovative-mRNA-Technology-Platform/default.aspx
*** https://www.reuters.com/business/healthcare-pharmaceuticals/pfizer-v-moderna-covid-vaccine-patents-battle-go-appeal-uk-2024-09-25/