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Audrey Millemann is a shareholder with Weintraub Tobin and practices in the Intellectual Property and Litigation sections. She is a litigator and a registered patent attorney.  Audrey advises clients on all issues of intellectual property law, including infringement, validity, and ownership of patents, trademarks, and copyrights.

On July 24, 2023, the United States Patent and Trademark Office changed its procedures for the PTO Director’s review of certain decisions by the Patent Trial and Appeal Board.  The decisions in question are those decisions of the Patent Trial and Appeal Board to deny or grant petitions to institute proceedings under the America Invents Act.  Those proceedings include inter partes review and post grant review.  This change follows two years of an interim process and public comment period.

Continue Reading PTO Allows Another Bite at the Apple

I recently wrote about the patent infringement lawsuit filed by Moderna against Pfizer/BioNTech over the COVID-19 vaccine. In its complaint filed in federal district court in Boston last August, Moderna alleged that Pfizer/BioNTech infringed three of Moderna’s patents in developing the Pfizer/BioNTech COVID-19 vaccine. Moderna seeks damages only for the time period after March 8, 2022, when Moderna announced that it would begin to enforce its patents after holding off doing so for 15 months while the pandemic was raging. The amount of money at stake is high. Pfizer/BioNTech sold over $26.4 billion of the vaccine in the first nine months of 2022; Moderna sold over $13.5 billion of its vaccine during the same time.

Continue Reading The Battle Over the COVID-19 Vaccine Continues