In a recent brief to the Patent Trial and Appeal Board, Pfizer told PTAB judges that Moderna’s dismissal of prior art listed in Pfizer’s August 2023 petition for inter partes review of Moderna’s patent on mRNA vaccine technology is inconsistent with its declarations to the FDA.
The Board applies the substantive law of the Federal Circuit and Court of Customs and Patent Appeals on the issue of derivation, which requires sufficient independent corroboration .
Derivation Showing Overcome by Evidence of Respondent’s Prior Conception in Rare Derivation Proceeding - The Board issued a decision in a rare derivation proceeding.
The United States Patent and Trademark Office (USPTO) issued updated guidance on the duty of candor and duty to disclose in relation to submissions made to other government agencies.
The United States Patent and Trademark Office (USPTO) issued updated guidance on the duty of candor and duty to disclose in relation to submissions made to other government agencies,.