patent infringement

Branched meanings: Lexicography of ‘branched alkyl’ decides Moderna’s COVID-19 vaccine patent dispute

Branched meanings: Lexicography of ‘branched alkyl’ decides Moderna’s COVID-19 vaccine patent dispute

1 July 2025
By Suzy Madar, Emily King
The United States Court of Appeals for the Federal Circuit (CAFC) recently decided that Moderna’s mRNA-based COVID-19 vaccine, SPIKEVAX®, did not infringe Alnylam’s patents because the cationic lipid used in the vaccine, SM-102, was not a cationic lipid with a ‘branched alkyl’ group.[1] The case turned on the proper construction of ‘branched alkyl’.
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Claiming costs to defend a parallel patent invalidation case? China’s Supreme People’s Court rules ‘no’

Claiming costs to defend a parallel patent invalidation case? China’s Supreme People’s Court rules ‘no’

30 May 2023
By Xiaoxia Zhang
If a patentee brings a case against an accused infringer - and that infringer previously challenged the patent - can the patentee claim the legal costs of defending the earlier challenge? After a long dispute running for several years, the Supreme People’s Court of the People’s Republic of China (SPC) has given a clear NO answer in a patent infringement case between Jinnuo Co., Ltd and Jinli Co., Ltd.
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