Proposed Temporary Waiver of COVID-19 Vaccine-Related Intellectual Property Rights: Considerations and Implications

The World Trade Organization is considering a proposal, advanced by India and South Africa in October 2020, to waive intellectual property rights related to the development of the vaccines against COVID-19 for the duration of the pandemic. The Biden administration has indicated its support.

To read the full text of this Duane Morris Alert, please visit the firm website.

Successful Use of Inter Partes Review to Cancel Claims Asserted in Parallel Litigation

By Vicki G. Norton, Siegfried J.W. Ruppert, and Michael Swit

In a trio of March 6, 2014 inter partes review (IPR) decisions, the Patent Trial and Appeal Board (PTAB) canceled patent claims related to next generation DNA sequencing technology, after Illumina, Inc. countered Columbia University’s patent infringement suit by successfully petitioning for IPR of claims in three of five of Columbia’s patents-in-suit.

The decisions illustrate the utility of the new IPR process before the PTAB, implemented under the America Invents Act (AIA), as a parallel venue in which patent litigation defendants can challenge the patentability of claims asserted against them in litigation, more expeditiously and less costly than in court proceedings.

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