Infringement Immunity and Government Lawsuits from COVID-19
Join us as we consider the potential implications of COVID-19-related declarations on patent infringement lawsuits. We will discuss how the Public Readiness and Emergency Preparedness (PREP) Act and the Defense Production Act may eliminate liability for manufacturers that infringe others’ patents in order to help with the response to COVID-19, and how the only recourse for patent owners may be a lawsuit against the United States under 28 U.S. § 1498. We’ll cover recent examples including masks, ventilators, pharmaceutical treatments, and vaccines – all crucial to the COVID-19 response.
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CLE: These programs are provided as a complimentary service to clients and friends of Alston & Bird. CLE credit is pending for Georgia, Texas, California, New York, Pennsylvania, Missouri, North Carolina, and Kansas. Additional states may be available upon request.
Questions? Contact Abby Forness at firstname.lastname@example.org or 404.881.7824.