In a Law360 article, IP litigation partner Matt Rizzolo and law clerk Julian Sarabia analyzed the question of whether immunity under the Public Readiness and Emergency Preparedness (PREP) Act extends to protect manufacturers against claims of patent infringement.
The authors explain that the question of whether the PREP Act immunity applies to patent infringement claims was not addressed until recently, in a June 2022 opinion from the District Court of Maine in Copan Italia S.P.A., v. Puritan Medical Products Co.
The district court denied a motion to dismiss by Puritan who was a manufacturer of flocked swabs—but did not directly rule on the issue of whether the PREP Act immunity could extend to patent infringement claims. The authors expect constitutional and other novel issues involving the PREP Act may be addressed by courts in the coming years, as more patent infringement cases are brought concerning products used in fighting the COVID-19 pandemic.
Stay Up To Date with Ropes & Gray
Ropes & Gray attorneys provide timely analysis on legal developments, court decisions and changes in legislation and regulations.
Stay in the loop with all things Ropes & Gray, and find out more about our people, culture, initiatives and everything that’s happening.
We regularly notify our clients and contacts of significant legal developments, news, webinars and teleconferences that affect their industries.