Former federal judge says the U.S. govt’s claim against Moderna’s liability is ‘misuse of the law.’
The Biden administration has joined a private patent lawsuit against Moderna, causing concern among experts over potentially precedent-setting implications.
U.S. Attorney David Weiss filed a rare “statement of interest” brief invoking early 1900s law to argue that the U.S. government should pay the bill if Moderna is held liable for alleged patent infringement over COVID-19 vaccine development. “Where, as here, the Government directly contracts to procure the allegedly infringing goods or services in a contract that grants authorization and consent, the ‘benefit to the Government’ is inherent,” Weiss wrote. “Indeed, the contractor’s compliance with the contract’s obligations alone demonstrate the benefit: that the Government obtains goods and services for which it pays.”
DOJ’s filing suggests companies with patents allegedly infringed by Moderna during COVID-19 vaccine development can only pursue claims against the federal government in U.S. Court of Federal Claims.
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