A fairly obscure law, 28 USC Section 1498 allows the U.S. government to use patented technology, so long as the patent holder is compensated. Although typically applied in the national defense context, Moderna now seeks protection under this section for its manufacture of a patented vaccine for Covid-19. In particular, Moderna argues that the infringement claims leveled against it should actually be brought against the government, because Moderna was acting as a government contractor in supplying vaccine doses to the U.S. government as part of the nationwide vaccine effort. Nick and Kyle explain what this law is all about, why it was implemented and how it is being applied in this ongoing case.
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