Pfizer Inc. & Anor v ModernaTX, Inc.

Pfizer Inc. & Anor v ModernaTX, Inc.

Costs awarded on specific issues according to parties' conduct and merits; 1% above base rate interest applied; 50% interim payment ordered; permission to appeal granted on '949 due to realistic prospect of success, refused on '565 for lack of merit and compelling reason.

Parties
Claimant: PFIZER INC.; Claimant: BIONTECH SE; Defendant: MODERNATX, INC.; Claimant: MODERNATX, INC.; Defendant: PFIZER LIMITED; Defendant: PFIZER MANUFACTURING BELGIUM NV; Defendant: BIONTECH MANUFACTURING GMBH
Jurisdiction
England and Wales
Judgment Date
27 September 2024
Procedural Posture
Patent / Post Trial Costs and Permission to Appeal Ruling
Outcome
Costs apportioned; permission to appeal partly granted; interim payment ordered
Legal Topics
Costs, Permission to Appeal, Obviousness, Novelty, Added Matter, Secondary Evidence
Intellectual Property Patents Costs Permission to Appeal Obviousness Novelty Added Matter Secondary Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

PFIZER INC.

Claimant

BIONTECH SE

Claimant

MODERNATX, INC.

Defendant

MODERNATX, INC.

Claimant

PFIZER LIMITED

Defendant

PFIZER MANUFACTURING BELGIUM NV

Defendant

BIONTECH MANUFACTURING GMBH

Defendant

Procedural Posture

Patent / Post Trial Costs and Permission to Appeal Ruling

Legal Issues

  1. 1 Entitlement to costs on discrete patent issues
  2. 2 Appropriate rate of interest on costs
  3. 3 Interim payment percentage for costs

Ratio Decidendi

Costs awarded on specific issues according to parties' conduct and merits; 1% above base rate interest applied; 50% interim payment ordered; permission to appeal granted on '949 due to realistic prospect of success, refused on '565 for lack of merit and compelling reason.

Court Disposition

Costs apportioned; permission to appeal partly granted; interim payment ordered

Orders

  • No deduction from Pfizer/BioNTech's costs for WO 340 obviousness and WO 674 novelty.
  • No order as to costs for insufficiency/plausibility and Pardi issues.