In a recent brief to the Patent Trial and Appeal Board (PTAB), Pfizer and BioNTech (Pfizer) told PTAB judges that Moderna’s dismissal of prior art listed in Pfizer’s August 2023 petition for inter partes review (IPR) of Moderna’s patent on mRNA vaccine technology is inconsistent with its declarations to the Food and Drug Administration (FDA) during the drug approval process. According to the brief, when Moderna was seeking approval for its COVID-19 vaccines, the company “candidly represented to the FDA that prior studies for related vaccines…supported an expectation of safety and efficacy. But now, faced with invalidating vaccine prior art…Moderna wrongly casts the same vaccine prior art as irrelevant.” The brief referred to this as a “litigation-driven one-eighty.”
Recent Posts
- Life Sciences Masters Panelists Lament Mounting Policy Uncertainty
- Interveners Left Out in the Cold: EPO’s G 2/24 Tightens Rules for Late Parties to Patent Challenges
- Massie to Reintroduce RALIA in Bid to Abolish PTAB
- Reddit Dubs Perplexity AI and Data Scraping Companies ‘Would-Be Bank Robbers’
- CAFC Gives Centripetal Another Shot at PTAB in Case Tied to APJ’s Alleged Bias