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  • by:
  • 03.22.2023
  • Source: Vetted Sources
  • 03/22/2023

The Biden administration quietly inserted itself into a private patent infringement lawsuit two biotech companies filed against COVID-19 vaccine maker Moderna, in a move experts said could establish a dangerous precedent. 

In a surprise filing last month, U.S. Attorney David Weiss issued a "statement of interest" in the case on behalf of the Department of Defense and Department of Health and Human Services (HHS), invoking a rarely-used early 1900s law to argue that the federal government should take on any liability for patent infringement Moderna may be guilty of related to the development of its COVID-19 vaccine

"Where, as here, the Government directly contracts to procure the allegedly infringing goods or services in a contract that grants authorization and consent, the ‘benefit to the Government’ is inherent," the filing stated. "Indeed, the contractor’s compliance with the contract’s obligations alone demonstrate the benefit: that the Government obtains goods and services for which it pays."

The filing concluded that companies whose patents Moderna may have infringed during COVID-19 vaccine development should be limited to pursuing a claim against the federal government in the U.S. Court of Federal Claims.

Source: Fox News
Covid-19 Vaccine Bottle by Daniel Schludi is licensed under Unsplash unsplash.com
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