Patent Infringement – An Overview

Patent infringement happens when someone uses, makes, sells, or imports a patented invention without the owner's permission. It can lead to major financial losses and lengthy legal battles, often involving large companies and significant damage awards.

Why It Matters

• Protects innovation and R&D investment
• Encourages fair competition
• Enforces legal boundaries of intellectual property (IP)

Case 1 – Moderna vs Pfizer & BioNTech

• German Ruling: A Düsseldorf court found Pfizer and BioNTech infringed Moderna’s mRNA patent (EP 949) in their Covid-19 vaccine, Comirnaty.
• Lawsuit: Filed by Moderna in August 2022, alleging infringement of two patents (EP 949 & EP 565). No injunction sought to maintain vaccine access.
• Patent Pledge: Moderna had pledged not to enforce Covid-19 patents early in the pandemic but limited this in March 2022 to 92 low- and middle-income countries.
• Claims: Moderna said Pfizer/BioNTech copied key features of its Spikevax technology.
• Court Decision: EP 949 upheld in 2024; court rejected Pfizer/BioNTech’s defense based on Moderna’s earlier pledge. Compensation to be determined.
• BioNTech Response: Plans to appeal; says ruling has no immediate impact.
• US Update: Same day, US patent board invalidated two Moderna mRNA patents. A related U.S. lawsuit is ongoing.

Case 2 – Polaroid vs Kodak

• Year: 1976–1991
• Issue: 12 instant photography patents
• Verdict: Kodak paid $925 million
• Significance: Landmark case for photo industry IP rights

Case 3 – Apple vs Samsung

• Year: 2011–ongoing
• Issue: Smartphone design & UI patents
• Verdict: Apple awarded $1.05 billion in 2012
• Impact: Set global precedent for tech design patents

Case 4 – Carnegie Mellon University vs Marvell Technology

• Year: 2009–2016
• Issue: Hard disk drive tech
• Verdict: $1.17 billion to Carnegie Mellon
• Highlight: Importance of protecting university innovations

Case 5 – Centocor vs Abbott Laboratories

• Year: 2009
• Issue: Humira drug patent (autoimmune diseases)
• Verdict: $1.67 billion awarded to Centocor (J&J subsidiary)
• Key Takeaway: Pharmaceutical IP has enormous stakes

Case 6 – Idenix Pharmaceuticals vs Gilead Sciences

• Year: 2016
• Issue: Hepatitis C drugs (Sovaldi, Harvoni)
• Verdict: $2.54 billion – largest IP damages in history
• Lesson: Innovation in biotech must be rigorously protected

Preventive Measures & Best Practices

•  Buy patent infringement insurance
• Document invention process clearly
• Monitor market for unauthorized use
• Train employees on IP boundaries & regional limitations

Conclusion

Understanding infringement is vital for protecting intellectual property. Knowing what constitutes infringement is important, whether it’s a design or utility patent. Remember, infringement can range from direct to contributory, and each scenario requires a different approach for resolution. Stay informed to make sure your innovations — or how you incorporate others’ ideas — respect the bounds of intellectual property rights.