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ARTICLE · 23 JULY 2021

A Guiding Light For The Research Safe Harbor And "Research Tools"?

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Allele v. Pfizer – The Basics. On April 23, 2021 Pfizer, Inc., BioNTechSE, and BioNTech US, Inc. filed a joint reply supporting of their previously filed motion to dismiss a patent infringement complaint ...

United StatesIntellectual Property
Nicholas C. Prairie
Nicholas C. Prairie
Fangli Chen
Fangli Chen
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Allele v. Pfizer - The Basics. On April 23, 2021 Pfizer, Inc., BioNTechSE, and BioNTech US, Inc. ("Pfizer and BioNTech") filed a joint reply supporting of their previously filed motion to dismiss a patent infringement complaint filed by Allele Biotechnology and Pharmaceuticals, Inc. ("Allele") in the Southern District of California. The patent at the center of the case is U.S. Pat. No. 10,221,221 ("the '221 Patent") which covers Allele's mNeonGreen, a monomeric yellow-green fluorescent protein notable for its intense brightness. On May 4, 2021, the court denied the motion to dismiss, leaning heavily of the Federal Circuit's 2008 decision Proveris Science Corp. v. Innovasystems, Inc. As this case continues to develop it could help shed light on an unsettled issue - are "research tools" categorically excluded from the 35 U.S.C. § 271(e)(1) Safe Harbor?

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