Federal Patent Court (Germany)

EQS-News: CureVac Announces Decision of German Federal Patent Court in Broad Patent Litigation with BioNTech SE

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Tuesday, December 26, 2023
BioNTech, CVAC, Federal court, Patent, Federal Patent Court (Germany), Messenger, COVID-19, CureVac, Bird, Vaccine, Justice, Sąd rejonowy, COVID-19 vaccine, EP 1, Intellectual property, LLP

CureVac will appeal before the German Federal Court of Justice.

Key Points: 
  • CureVac will appeal before the German Federal Court of Justice.
  • The ruling represents a first decision on validity in ongoing patent litigation between CureVac and BioNTech SE in Germany, which involves a total of eight CureVac intellectual property rights.
  • “We consider the patent court’s decision unfortunate also in view of the positive preliminary opinion on EP 1 857 122 B1 the court provided earlier this year.
  • The decision is only one of many that will be made regarding the use of CureVac’s intellectual property in the development of Comirnaty®.

German Court’s Preliminary Opinion Finds Broadcom Patent Valid; Netflix Found to Infringe

Retrieved on: 
Friday, November 3, 2023
Patent, Government, Federal Patent Court (Germany), Judgement, Broadcom Inc., District court, Netflix, AVGO, Ultra, SAN, General German Civil Service Federation, Television, HEVC

SAN JOSE, Calif., Nov. 03, 2023 (GLOBE NEWSWIRE) -- Broadcom Inc. (NASDAQ: AVGO) announced today that the German Federal Patent Court issued a preliminary opinion finding that a Broadcom patent related to HEVC/H.265 video coding is valid.

Key Points: 
  • SAN JOSE, Calif., Nov. 03, 2023 (GLOBE NEWSWIRE) -- Broadcom Inc. (NASDAQ: AVGO) announced today that the German Federal Patent Court issued a preliminary opinion finding that a Broadcom patent related to HEVC/H.265 video coding is valid.
  • This opinion follows a September 19, 2023 judgment by the District Court of Munich that Netflix infringes this patent.
  • The Munich Court also issued an injunction requiring Netflix to cease and desist all further infringement in Germany.
  • Since 2018, Netflix and Broadcom have been engaged in a wide-ranging patent dispute in which Broadcom has accused Netflix of infringing numerous U.S., German, and Dutch patents through its provision of its video streaming service.

EQS-News: CureVac Reports Progress in Intellectual Property Infringement Case Against BioNTech in Germany

Retrieved on: 
Thursday, September 28, 2023
BioNTech, Intellectual property, Palatine Higher Regional Court, Federal Patent Court (Germany), CureVac, Pfizer–BioNTech COVID-19 vaccine, Bird & Bird, Patent, Bird, Sąd rejonowy, CVAC, Generic drug, 3D printing

A ruling on infringement will be provided latest once the validity of the intellectual property rights has been determined by the relevant patent offices.

Key Points: 
  • A ruling on infringement will be provided latest once the validity of the intellectual property rights has been determined by the relevant patent offices.
  • The validity of these intellectual property rights has been challenged by BioNTech.
  • “We are confident in the strength of our intellectual property portfolio and today’s decision indicates that the intellectual property rights at issue are infringed.”
    CureVac filed a patent infringement lawsuit in Germany against BioNTech in early June 2022.
  • Three additional intellectual property rights, added to the infringement lawsuit in July 2023, were not covered in the oral hearing.

ZAP Surgical Deals Two More Blows to Elekta in IP Suit, Removing Barriers to Mass Adoption of the ZAP-X Radiosurgery Platform

Retrieved on: 
Thursday, September 28, 2023
Legal, Technology, Surgery, Medical Devices, Health Technology, Professional Services, Biotechnology, Health, Robotics, Patent, Radiation, Failure, United States Patent and Trademark Office, Federal Patent Court (Germany), Federal court, Stanford University, Medicine, Judgement, Appeal, IAEA, Patient, ZAP, Isotope, 3D printing, Elekta, Neurosurgery

In April 2019, Elekta alleged that the ZAP-X infringed upon its patent 7,296,648, which described a theoretical design for a radiosurgery device that was never brought to market.

Key Points: 
  • In April 2019, Elekta alleged that the ZAP-X infringed upon its patent 7,296,648, which described a theoretical design for a radiosurgery device that was never brought to market.
  • Elekta’s lawsuit against ZAP Surgical sought monetary damages with a three-fold enhancement for willful infringement, as well as an injunction prohibiting the importation, manufacture, use and sales of the ZAP-X.
  • The judicial panel meticulously reviewed Elekta's arguments and found them “unpersuasive”, thus settling the matter conclusively in favor of ZAP Surgical.
  • This German decision echoes the sentiments expressed by the U.S. courts, further strengthening ZAP Surgical's position in this protracted legal battle.

10x Wins Injunction From Unified Patent Court Banning Sales of NanoString's CosMx Products in Europe

Retrieved on: 
Tuesday, September 19, 2023
Patent, NanoString Technologies, Genomics, Federal Patent Court (Germany), 10x Genomics, SMI, UPC, Palatine Higher Regional Court, Research, RNA, Science, Invention, Rosenbergia xenium, District court, Investment, Patient, European, Unified Patent Court, European Patent Convention, Court, Health, Douglas v. U.S. District Court ex rel Talk America, Disease, Alex Cartana, Microscope

PLEASANTON, Calif., Sept. 19, 2023 /PRNewswire/ -- 10x Genomics, Inc. (Nasdaq: TXG), a leader in single cell and spatial biology, announced today that the European Unified Patent Court ("UPC") issued a preliminary injunction against NanoString Technologies, Inc. (Nasdaq: NSTG) for infringing European Patent 4 108 782 B1 ("the EP 782 patent," docket No 459746/2023). The preliminary injunction, issued by a panel of four judges with both legal and technical expertise, prevents NanoString from selling or providing services using its CosMx Spatial Molecular Imager (SMI) instruments and CosMx reagents for RNA detection in all 17 countries of the UPC.

Key Points: 
  • "A patent holder must meet a very high standard to win a preliminary injunction," added Whitaker.
  • "Two separate courts have now found that NanoString's CosMx products infringe two different 10x patents, and three separate courts have preliminarily found the 10x patents valid in the asserted scope.
  • The full opinions of the Unified Patent Court will be posted here when available: 10xgen.com/munich-spatial-news .
  • 10x also intends to seek an injunction against sales of GeoMx as well as ongoing damages.

EQS-News: CureVac Strengthens Ongoing Patent Litigations Bringing Additional Cases Under New Intellectual Property Rights

Retrieved on: 
Thursday, July 13, 2023
Vaccine, BioNTech, Patent, Intellectual property, Omicron, Palatine Higher Regional Court, Federal Patent Court (Germany), COVID-19, CureVac, Pfizer–BioNTech COVID-19 vaccine, Messenger, Bird & Bird, Bird, Sąd rejonowy, CVAC

Cases in Germany and the U.S. broadened by asserting additional, new intellectual property rights

Key Points: 
  • Cases in Germany and the U.S. broadened by asserting additional, new intellectual property rights
    Three new intellectual property rights added to infringement lawsuit against Pfizer/BioNTech in Germany, increasing number of asserted intellectual property rights to eight
    Tenth patent added to CureVac’s counterclaim against Pfizer/BioNTech in the U.S., covering innovations in mRNA purification methods highly relevant to the manufacturing of Comirnaty®
    TÜBINGEN, Germany – July 13, 2023 – CureVac N.V. (Nasdaq: CVAC) (“CureVac”), a global biopharmaceutical company developing a new class of transformative medicines based on messenger ribonucleic acid (“mRNA”), today announced that it has strengthened its position in the ongoing patent litigations with Pfizer/BioNTech in Germany and the U.S. by expanding the scope of both cases by asserting new intellectual property rights.
  • Patent litigation in Germany, originally filed by CureVac regarding four of its intellectual property rights in June 2022, was strengthened by the addition of a fifth intellectual property right as announced in May 2023 .These five intellectual property rights have now been extended by three more recent intellectual property rights: DE202021004123U1 and DE202021004130U1, providing protection to COVID-19 variant adapted vaccines, including the Omicron and XBB1.5 variants and EP4023755, relating to split poly A tail mRNA vaccines.
  • A preliminary opinion issued in April 2023 by the German Federal Patent Court supports the validity of the CureVac patent.
  • In the U.S., Pfizer/BioNTech filed its case in late July 2022, asking for confirmation that Comirnaty® does not infringe three CureVac patents.

10x Genomics Files Two New Lawsuits Requesting Preliminary Injunctions Against NanoString's CosMx Products

Retrieved on: 
Thursday, June 1, 2023
Unified Patent Court, Federal Patent Court (Germany), NanoString Technologies, Genomics, SMI, UPC, RNA, Judgement, Patent, Microscope, EU

PLEASANTON, Calif., June 1, 2023 /PRNewswire/ -- 10x Genomics, Inc. (Nasdaq: TXG), a leader in single cell and spatial biology, today announced that it filed new patent litigation against NanoString Technologies, Inc. (Nasdaq: NSTG) and Vizgen, Inc. in the European Unified Patent Court. 

Key Points: 
  • 10x Genomics' new lawsuits allege that the use and distribution of NanoString's CosMx products for RNA detection infringe European Patents 2 794 928 B1 ("the EP 928 patent") and 4 108 782 B1 ("the EP 782 patent").
  • 10x Genomics also filed suit against Vizgen's MERSCOPE products for infringement of the EP 782 patent.
  • In its new lawsuits against NanoString before the Munich Local Division of the Unified Patent Court, 10x Genomics is seeking preliminary injunctions against NanoString's CosMx Spatial Molecular Imager (SMI) instruments and CosMx reagents for RNA detection in the jurisdictions of the Unified Patent Court in which the EP 928 and EP 782 patents are in effect.
  • In February 2023, the German Federal Patent court issued a preliminary opinion finding the asserted claims of the EP 928 patent valid.

EQS-News: CureVac Announces Financial Results for the First Quarter of 2023 and Provides Business Update

Retrieved on: 
Thursday, June 1, 2023
Vaccine, BioNTech, Operating cost, Workforce, GSK, Intellectual property, Federal Patent Court (Germany), SARS-CoV-2, COVID-19, Infection, Clinical trial, CureVac, CMO, IP, Messenger, Sale, Glioblastoma, Trial of the century, Research and development, Development, Patent, Patient, Research, CVAC, Safety, Virus, Pfizer, Pharmaceutical industry, Cryptocurrency, Video game, Pfizer–BioNTech COVID-19 vaccine

The increase was mainly driven by €219.8 million in net proceeds raised in a follow-on offering during February 2023.

Key Points: 
  • The increase was mainly driven by €219.8 million in net proceeds raised in a follow-on offering during February 2023.
  • The first quarter of 2022 was positively impacted by €6.8 million related to the reversal of an outstanding CRO provision.
  • Net financial result for the first quarter of 2023, amounted to €3.0 million, or an increase of €2.9 million from €0.1 million for the same period in 2022.
  • Pre-tax loss was €57.4 million for the first quarter of 2023 compared to €15.2 million in the same period of 2022.

EQS-News: CureVac Announces Developments in Patent Litigation with Pfizer/BioNTech

Retrieved on: 
Friday, May 19, 2023
Vaccine, BioNTech, Intellectual property, SARS-CoV-2, Federal Patent Court (Germany), CureVac, Pfizer–BioNTech COVID-19 vaccine, Messenger, Sale, Patent, Bird, CVAC, Generic drug, Pharmaceutical industry

The transfer is expected to significantly accelerate progress of the litigation, allowing for a likely 2024 trial date.

Key Points: 
  • The transfer is expected to significantly accelerate progress of the litigation, allowing for a likely 2024 trial date.
  • These nine patents cover foundational and highly relevant separate innovations in mRNA vaccine design, formulation and manufacturing specific to SARS-CoV-2 vaccines.
  • Corresponding patent litigation in Germany has been ongoing since June 2022.
  • The German litigation, which originated with a filing by CureVac regarding four of its intellectual property rights, now covers a fifth intellectual property right (EP 3 708 668 B1).

NanoString Responds to Decision of the Regional Court of Munich

Retrieved on: 
Wednesday, May 17, 2023
Professional Services, Health, Legal, Genetics, Research, Science, Biotechnology, Palatine Higher Regional Court, NanoString Technologies, Genomics, Federal Patent Court (Germany), SMI, Harvard College, RNA, Harvard University, Protein, Patent, Fellows, Sąd rejonowy, Federal Patent Court, Synovial joint

The Munich court granted 10x Genomics, Inc. and President and Fellows of Harvard College the right to enforce an injunction against use of the CosMx SMI instrument for RNA detection in Germany.

Key Points: 
  • The Munich court granted 10x Genomics, Inc. and President and Fellows of Harvard College the right to enforce an injunction against use of the CosMx SMI instrument for RNA detection in Germany.
  • NanoString believes the Munich court came to an erroneous conclusion and will appeal the decision.
  • In addition, the decision does not apply to the use of the CosMx SMI instrument for detection of proteins, which NanoString will continue to offer and support.
  • “We respectfully disagree with the recent decision of the Regional Court of Munich,” said Brad Gray, President and CEO of NanoString.