X Doesn’t Mark the Spot: Judge Halpern Denies a Motion for Summary Judgment That Alleged Failure to Comply with Marking Statute

On October 4, 2024, District Judge Philip M. Halpern (S.D.N.Y.) denied Defendant Regeneron Pharmaceuticals Inc. (“Regeneron”)’s Motion for Summary Judgment that (1) Allele was not entitled to any pre-suit infringement damages because it did not properly mark; and (2) that Regeneron did not willfully infringe the ’211 patent. Slip Op. at 1-2. The Court also granted Plaintiff Allele Biotechnology & Pharmaceuticals, Inc. (“Allele”)’s Motion for Summary Judgment that the 35 U.S.C. § 271(e)(1) safe…
By: Patterson Belknap Webb & Tyler LLP