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Not So Intellectual Property: IP for the People
The Intellectual Property (IP) industry can be complex & confusing - but it doesn’t have to be. Whether you’re an inventor, entrepreneur or just a nerd for IP, legal experts Nick Gingo and Kyle Fleming explore and untangle the vast landscape of Intellectual Property, one topic at a time. Tune in each month as they discuss the hottest IP news & issues of the world. Brought to you by Renner Otto, a Cleveland-based boutique IP law firm that has been protecting, defending and advancing innovation since 1880. For more information, visit rennerotto.com.
Not So Intellectual Property: IP for the People
Moderna Points the Infringement Finger at the U.S. Government for Covid-19 Vaccine
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Nick Gingo and Kyle Fleming
A fairly obscure law, 28 USC Section 1498 allows the U.S. government to use patented technology, so long as the patent holder is compensated. Although typically applied in the national defense context, Moderna now seeks protection under this section for its manufacture of a patented vaccine for Covid-19. In particular, Moderna argues that the infringement claims leveled against it should actually be brought against the government, because Moderna was acting as a government contractor in supplying vaccine doses to the U.S. government as part of the nationwide vaccine effort. Nick and Kyle explain what this law is all about, why it was implemented and how it is being applied in this ongoing case.