Patent Valuation, Monetization and Investments

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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged summary judgment
Does Arbutus’ patent suit against Moderna’s Covid vaccine have a testing problem?

I’ve blogged several times about the ongoing patent dispute between Arbutus and Moderna.  The case is nearing the end of expert discovery and is headed for trial towards the end of 2025.  A recent discovery dispute between the parties highlighted an important issue to watch as the case nears trial.  The dispute concerns Arbutus’ testing of Moderna’s vaccine—Moderna claims that the parameters used to setup the testing may have been faulty.  Does Arbutus have a testing problem, or Moderna grasping for straws in the face of troubling test results?

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Can Microspherix knock out Merck’s prior-inventorship defense in its Nexplanon patent suit?

Microspherix has been embroiled in a long-running patent suit against Merck and its spinoff Organon.  The suit alleges that Organon’s drug, Nexplanon, is infringing multiple Microspherix patents.  Nexplanon is a contraceptive implant that accounts for 10 percent of Organon’s sales.  After several years, the suit is finally teeing up for trial in October 2023.  Yet, Microspherix has recently tried to short-circuit the trial by asking the court to knock out one of Merck’s primary defenses in the case before trial.  Will Microspherix’s ploy work?

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What do the Court’s December 4 rulings mean for MorphoSys' Darzalex patent case?

Earlier this week, we blogged about the series of pending summary judgment motions in MorphoSys’ ($MOR) lawsuit accusing Janssen’s ($JNJ) Darzalex® of infringing its patents.  The Court heard oral argument on December 3.  The transcript of that hearing is not currently publicly available.  The Court, however, did issue oral rulings at the end of the hearing that hit the docket on December 4.  What do the rulings mean?

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Will MorphoSys’ Darzalex patent case against Janssen make it to trial, or be stopped at summary judgment?

The Darzalex® patent case commenced by MorphoSys against Janssen is headed towards trial.  Before that, however, the parties recently filed a series of summary judgment motions, and on December 3, 2018, the Court heard oral argument.  Will the Court moot the trial by granting Janssen’s motions to invalidate the patents?

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