Patent Infringement Risks for Companies Manufacturing COVID-19 Related Products Protected by Third-Party Patents

Available Protections, Limitations to Immunity, and Minimizing Liability Risks

Recording of a 90-minute premium CLE video webinar with Q&A


Conducted on Thursday, June 4, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide patent counsel on the patent infringement risks involved with manufacturing goods protected by third-party patents to help with the COVID-19 battle. The panel will examine possible protections available to companies and will address ways to minimize potential damages in an infringement action. The panel will offer best practices to reduce potential exposure and liability to a patent infringement claim.

Description

COVID-19 impacts everyone; many companies have stepped up to help in the fight against the virus. For example, companies are manufacturing items such as personal protective equipment, but are they exposing themselves to patent infringement risks by doing so?

Understandably, patent infringement liability is not the first consideration when companies develop and launch a new product to fight the pandemic. However, one or more third-party patents may already protect the product. Counsel must recognize the infringement risks and whether or not there is a shield from liability.

Companies can partner with companies already in the marketplace, but that cannot ramp up to meet demand. If a partnership is established, the new manufacturer could look to the UCC implied warranty. Further, in March 2020, the Secretary of the Department of Health and Human Services (HHS) issued a declaration activating the PREP Act. This, along with FDA guidance relaxing some requirements, may provide immunity for filling the void with supply shortages. Counsel must understand the limitations of immunity from the PREP Act and FDA guidance. And the Defense Production Act and Section 1498 may complement these protections in appropriate circumstances.

Listen as our authoritative panel of IP attorneys examines the potential patent infringement risks involved with manufacturing goods to help with the COVID-19 battle. The panel will look at possible protections available to companies. The panel will also address ways to minimize potential damages in an infringement action. The panel will offer best practices to mitigate potential exposure and liability to a patent infringement claim.

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Outline

  1. Patent infringement risks in manufacturing
  2. Potential protections and limitations to immunity
  3. Minimizing potential liability exposure
  4. Minimizing potential damages

Benefits

The panel will review these and other noteworthy issues:

  • What potential risks should patent counsel consider when clients volunteer to help in the fight against COVID-19?
  • What potential protections are available to companies? What is the limitation to their possible immunity from infringement liability?
  • What steps should companies and counsel take to minimize exposure to liability?

Faculty

Howell, Matthew
Matthew W. Howell

Partner
Alston & Bird

Mr. Howell focuses his practice on all areas of intellectual property litigation and counseling, with an emphasis on...  |  Read More

Lessler, Jay
Jay P. Lessler

Partner
Blank Rome

Mr. Lessler concentrates his practice in domestic and foreign patent procurement, transactions involving IP, client...  |  Read More

Post, Kevin
Kevin J. Post

Partner
Ropes & Gray

Mr. Post works extensively with high-technology and life science companies handling their complex patent disputes. He...  |  Read More

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