GSK Urges Judge to Toss Pfizer, BioNTech Patent-Misuse Claims

Sept. 23, 2024, 5:15 PM UTC

GlaxoSmithKline Plc urged a federal judge to dismiss Pfizer Inc. and BioNTech SE allegations that GSK revived decade-old patent applications to claim that Comirnaty Covid-19 vaccines infringe them.

GSK argued that its rivals’ claims in July of patent misuse and delayed prosecution lack merit and are speculative, according to a brief supporting its partial motion to dismiss counterclaims filed Sept. 20 in the US District Court for the District of Delaware. GSK concurrently filed an answer to the co-defendants’ counterclaims.

  • Pfizer and BioNTech’s “theory” that GSK presented the asserted patents’ claims to the US Patent and Trademark Office only after ...

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