Late last week,
GSK seeks "damages for Defendants' infringing manufacture, use, sale, marketing, offer for sale, and/or importation" of the following products: "(1) the original 'monovalent' (containing a single mRNA active ingredient) Comirnaty® COVID-19 vaccine; (2) the 'bivalent' (containing two different mRNA active ingredients) Comirnaty® COVID-19 original plus BA.1 variant vaccine; (3) the bivalent Comirnaty® COVID-19 original plus BA.4/5 variant vaccine; and (4) the monovalent Comirnaty® COVID-19 XBB.1.5 variant vaccine."
GSK alleges that the named inventor
GSK alleges that Defendants had been aware of the Mandl team's innovations for years before marketing the five accused products. In particular, GSK alleges that Defendants hired business employees who had knowledge of the alleged innovations and also that Defendants have cited the Mandl team's patent applications and related publications in Defendants' own patent applications and publications.
GSK seeks a judgment of infringement of the five Patents-In-Suit, a finding of willful infringement, damages for past infringement, treble damages, attorneys' fees, a compulsory ongoing license fee, and any other relief the Court deems just and proper.
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