BUFFALO, NY (2022-08-29 7:15 A.M.)—Local patent attorney Joshua D. Mertzlufft made the following statement regarding the patent infringement lawsuit Moderna v. Pfizer:
“The fact that a complaint was filed indicates the parties are likely at an impasse. They have likely attempted—and not been able—to reach a private agreement. Patent infringement cases rarely make the news, but Moderna v. Pfizer will make quite a splash for many Americans given the possible ramifications on mRNA vaccine technology.
“Possible ends of this case could involve an injunction against Pfizer’s mRNA program, invalidity of one or more of Moderna’s patents, a private settlement, infringement damages, among many others depending on how the case unfolds. This will be one to watch.
“Patent infringement cases work a little different in practice than many other civil suits—they can reach new heights of expensive and time-consuming, often only made worth it when alternatives have been exhausted. These cases involve significant and deep discovery, and only time will tell what becomes public.”
Joshua is available for further comment, discussion, or assistance in preparation of reporting on this case.