Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- a blog post about the United States government’s statement of interest in the patent infringement case involving COVID-19 vaccines; and
- an article about the U.S. International Trade Commission “bann[ing] imports of video-streaming fitness devices made by Peloton Interactive Inc and iFit Inc.”
Steven Brachmann wrote a blog post for IP Watchdog about the United States government’s statement of interest in the patent infringement case involving COVID-19 vaccines. As explained by Brachmann, the statement “argued that Moderna should be released from infringement liability under the terms of a government contract that ‘authorize[d] and consent[ed] to all use and manufacture’ of any U.S. patented invention.” Brachmann discussed how the statement of interest “contended that the use of such authorization and consent clauses should eliminate Moderna’s alleged liability under 28 U.S.C. § 1498, the statute governing remedies for patent infringements by government use.” Brachmann further explained how “the relevance of Section 1498(a) to arguments surrounding government control of drug pricing could make Judge Goldberg’s next ruling an important moment in the drug pricing debate.”
Blake Brittain authored an article for Reuters about the U.S. International Trade Commission “bann[ing] imports of video-streaming fitness devices made by Peloton Interactive Inc and iFit Inc after a judge found they infringed Dish Network Corp patents.” Brittain explained how, in 2021, “Dish and its Sling TV unit accused Peloton and iFit of infringing four patents for video-streaming technology through imports of products that stream at-home fitness content” including “Peloton bicycles and treadmills and iFit NordicTrack bicycles and ellipticals.” Brittain reported that “President Joe Biden’s administration has 60 days to review the import ban before it takes effect, though presidents rarely reverse such actions.”