The biotech industry is currently embroiled in patent disputes involving mRNA vaccine technology. GlaxoSmithKline (GSK) has filed lawsuits against Moderna, Pfizer, and BioNTech, alleging that their COVID-19 and RSV vaccines infringe on GSK's patents related to mRNA technology and lipid nanoparticles. These disputes highlight the complexities of mRNA patent law and the importance of transparent patent practices. Previous cases, such as Moderna’s lawsuit against BioNTech and Arbutus’ lawsuit against Moderna, play a part in setting the tone for these ongoing disputes.

In Vita v. New England Baptist Hospital, Kathleen Vita sued two Massachusetts hospitals for allegedly collecting and monetizing her personal data without consent, despite privacy notices claiming otherwise. Vita asserted the hospitals collected extensive browsing data, device information, and unique identifiers, which were used by third-party providers to create identifiable profiles and targeted ads. The case underscores the necessity for transparent and detailed privacy notices, highlighting the importance of clearly stating data collection, usage, sharing practices, and providing opt-out options to avoid misleading consumers and ensure compliance with privacy laws.

Kohl’s faces a class action lawsuit after a third-party data breach exposed sensitive information of 1.9 million users. The complaint alleges that Kohl’s failed to secure and vet the vendor, leading to a breach of customer data including names, addresses, and social security numbers. This case underscores the importance of robust third-party risk management programs to protect sensitive information and mitigate legal, financial, and reputational risks.

On October 8, 2024, the Federal Circuit revived AlexSam, Inc.'s patent infringement lawsuit against Aetna, Inc., regarding the use of Mastercard and Visa products allegedly infringing on AlexSam's patent for a multifunction card system. The District Court initially dismissed the case, citing a licensing agreement between AlexSam and Mastercard, which was interpreted as barring the infringement claim. The Federal Circuit ruled that the licensing agreement should not have been the sole reason for dismissal, highlighting the need for more thorough assessment and possibly allowing infringement claims despite licensing agreements.

Novo Nordisk has filed a lawsuit against Apotex, claiming infringement on patents related to Rybelsus, a diabetes medication. Novo Nordisk alleges that Apotex's submission of an ANDA for a generic version of Rybelsus infringes on ten of its patents, and is seeking a permanent injunction to prevent Apotex from manufacturing and selling the product. The outcome of this case could impact patent rights, market competition, and drug pricing, with significant implications for both companies and the broader pharmaceutical industry.