Insights

Chicago – December 12, 2024: Crowell partner Marc V. Richards and counsel Adam D. Sussman recently authored the lead chapter in the 2025 edition of the Illinois Institute of Continuing Legal Education’s Intellectual Property Law Handbook. The chapter, titled “Patenting Inventions,” covers the basics of what a patent is and what it can protect, and provides a detailed roadmap for evaluating inventions and the process to obtain a U.S. patent.

Washington – August 15, 2024: The 2025 edition of The Best Lawyers in America® has recognized 42 Crowell & Moring lawyers as "Best Lawyers" and 29 lawyers as “Ones to Watch.”

On March 13, 2025, the United States Court of Appeals for the Federal Circuit issued a decision about Patent Term Extensions (PTEs) under the Hatch-Waxman Act for reissue patents. In Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc. (No. 2023-2254), the Court confirmed that the PTE provision under 35 U.S.C. § 156 refers to the original patent’s issue date, not the reissue patent’s issue date. Thus, the issue date of the original patent should be used when calculating the extension period.

Senators John Cornyn(R-Texas), Chuck Grassley (R-Iowa), Richard Blumenthal (D-Conn.), and Dick Durbin (D.-Ill.) recently sponsored two bills, introduced on March 14th, that would affect patents in the pharmaceutical industry.

On Wednesday, March 5, 2025, the United States Patent Trial and Appeal Board (“PTAB”) handed down the latest decision in the COVID vaccine proceedings between Pfizer Inc. (“Pfizer”) and BioNTech SE (“BioNTech”) and ModernaTX, Inc. (“Moderna”). The PTAB found all challenged claims unpatentable in two patents held by Moderna related to Moderna’s COVID-19 vaccine technology: U.S. Patent Nos. 10,702,600 (the “’600 patent”) and 10,933,127 (the “’127 patent”), both entitled “Betacoronavirus mRNA Vaccine.”

The Patent Prosecution Highway (PPH) program is a collaborative initiative between the United States Patent and Trademark Office (USPTO) and several foreign patent offices, created to speed up the examination process. Through the PPH, a patent application initially filed with a participating patent office (Office of Earlier Examination, or OEE) can be expedited in another participating intellectual property office, provided it meets specific requirements. According to the USPTO, PPH leverages fast-track examination procedures already in place among participating patent offices to allow applicants to reach final disposition of a patent application more quickly and efficiently than standard examination processing.