Pfizer Inc. & Anor v ModernaTX, Inc. [2024] EWHC 2443 (Pat) (25 September 2024)

Pfizer Inc. & Anor v ModernaTX, Inc. [2024] EWHC 2443 (Pat) (25 September 2024)

Costs were awarded on an issue-by-issue basis, with Pfizer/BioNTech awarded costs on certain issues and no order as to costs on others. The appropriate interest rate on costs was set at 1% above base rate. Permission to appeal was granted on '949 due to a realistic prospect of success on the novelty argument, but...

Source-derived case information.

Citation
[2024] EWHC 2443 (Pat)
Parties
Claimant: PFIZER INC.; Claimant: BIONTECH SE; Defendant: MODERNATX, INC.
Jurisdiction
England and Wales
Judgment Date
25 September 2024
Procedural Posture
Patent Litigation / Post Trial Costs and Permission to Appeal
Outcome
Costs awarded on an issue-by-issue basis; permission to appeal granted on '949 but refused on '565; interim payment on costs set at 50%; interest on costs at 1% above base rate.
Legal Topics
Costs, Obviousness, Novelty, Added Matter, Permission to Appeal, Interest on Costs
Intellectual Property Patents Costs Obviousness Novelty Added Matter Permission to Appeal Interest on Costs

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Summary, issues, holding and outcome

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Parties

PFIZER INC.

Claimant

BIONTECH SE

Claimant

MODERNATX, INC.

Defendant

Procedural Posture

Patent Litigation / Post Trial Costs and Permission to Appeal

Legal Issues

  1. 1 Entitlement to costs on discrete patent issues
  2. 2 Appropriate rate of interest on costs
  3. 3 Permission to appeal on grounds of obviousness and added matter

Ratio Decidendi

Costs were awarded on an issue-by-issue basis, with Pfizer/BioNTech awarded costs on certain issues and no order as to costs on others. The appropriate interest rate on costs was set at 1% above base rate. Permission to appeal was granted on '949 due to a realistic prospect of success on the novelty argument, but refused on '565 as the appeal had no reasonable prospect of success and no compelling reason was found. Interim payment on costs was set at 50% due to case-specific factors.

Court Disposition

Costs awarded on an issue-by-issue basis; permission to appeal granted on '949 but refused on '565; interim payment on costs set at 50%; interest on costs at 1% above base rate.

Orders

  • Pfizer/BioNTech awarded costs on WO 674 novelty and certain '949 issues.
  • No order as to costs on other specified issues.