Patents - King & Wood Mallesons Pulse

Expert evidence blows up detonator patent litigation

25 July 2025

By Suzy Madar, Luke Hawthorne, Jacob Flynn, Lily McCubbin

In a long, but intricately reasoned first instance judgment, Australia’s Federal Court has ruled on the validity and infringement of patents relating to wireless detonators.

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Branched meanings: Lexicography of ‘branched alkyl’ decides Moderna’s COVID-19 vaccine patent dispute

1 July 2025

By Suzy Madar, Emily King

The United States Court of Appeals for the Federal Circuit (CAFC) recently decided that Moderna’s mRNA-based COVID-19 vaccine, SPIKEVAX®, did not infringe Alnylam’s patents because the cationic lipid used in the vaccine, SM-102, was not a cationic lipid with a ‘branched alkyl’ group.[1] The case turned on the proper construction of ‘branched alkyl’.

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Gene-ius at stake: who really cracked CRISPR in plants and animals?

3 June 2025

By Suzy Madar, Emily King

Many of our readers will have first heard of CRISPR-Cas9 a number of years ago.

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One year on: the Treaty, WIPO, Traditional Knowledge, and patents

15 May 2025

By Suzy Madar, Luke Hawthorne, Christine Porter

Imagine an organisation obtaining patent protection over a formulation derived from Kakadu plum, while the First Nations community whose Knowledge guided the discovery receives neither recognition nor benefit.

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Stop! In the name of interlocutory injunctions: lessons from 2024

17 March 2025

By Kate Hay, Jacob Flynn, Yui Fu

Interlocutory injunctions can be a critical tool to help protect intellectual property rights by restraining alleged infringement while a substantive infringement proceeding is run.

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Substance over form(ulations)? An update on patent term extensions

18 February 2025

By Kate Hay, Suzy Madar, Jacob Flynn

Two recent Federal Court decisions illustrate that term extensions are available for a broad range of patents, including formulation patents.

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The patentability of software in the US

12 November 2024

By Suzy Madar

We are lucky to share with you insights from our New York patent experts Charles Wizenfeld, Michael S.

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Proposed modifications to the regulation of gene technology in Australia

4 November 2024

By Suzy Madar, Vicky Zhang, Damien MacRae

The Department of Health and Aged Care is proposing the first major amendments to the Gene Technology Act 2000 (Cth) (the Act) since its commencement.

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The mRNA patent wars: lessons for businesses & organisations who rely on patent rights

28 October 2024

By Suzy Madar, Damien MacRae

Two weeks ago, GlaxoSmithKline (GSK) filed proceedings against the makers of the COVID-19 SPIKEVAX® vaccine, Moderna, Inc in the US Federal District Court in Delaware alleging that Moderna has infringed its patents relating to messenger RNA (mRNA) technology.

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Get used to spl(it)! Patentees can elect damages or account of profits for each act of infringement

8 October 2024

By Kate Hay, Rafaella Felthun, Jodie Goodman

Earlier this year, the Federal Court in Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 5) endorsed a split election for damages and an account of profits in a quantum decision for patent infringement.[1] This is the first time this issue has been decided (previous orders for split election were made by consent) and would allow a patentee to elect damages or an account of profits for each act of infringement to maximise compensation.

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