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In the News | Law360 Mentions Caldwell’s Andrew Alexander and Katherine Rubino

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Law360 Mentions Litigation Director Andrew Alexander and Chair of Life Sciences Katherine Rubino

Law360 calls on Caldwell’s Litigation Director Andrew Alexander and Chair of Life Sciences Katherine Rubino to weigh in on Moderna’s latest suit accusing Pfizer of infringing patents related to mRNA vaccine technology and issues surrounding the role of no-sue patent pledges. Rubino and Alexander discuss the enforceability of this patent pledge, the strength of Moderna’s patents and possible litigation proceedings to come.

Law360 Excerpt:

In suing Pfizer, Moderna has placed itself at risk of having one of the world’s largest pharmaceutical companies challenge its patents or countersue for infringement of Pfizer’s own mRNA patents.

“It’s a little bit aggressive that Moderna is picking this battle with Pfizer,” Sherkow said.

Caldwell’s Rubino said a quick glance at the prosecution history for the patents Moderna has asserted shows the company never faced a rejection based on novelty or obviousness, which could mean one of two things.

“Was this technology so new that the patent examiner examining this really had nothing to reject because this was such speculative, cutting-edge technology? Or was this examiner going on autopilot and not digging to find something they could reject for these reasons?” Rubino asked.

She noted that there’s a history of mRNA technology development, particularly with scientist Robert Malone and other research at the Massachusetts Institute of Technology, which Pfizer will surely be digging through to raise an inter partes review challenge at the Patent Trial and Appeal Board.

“Given what would probably be at stake here, it could very well be a lot more efficient to jump to an IPR,” Alexander added.

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