Position Updates
Two notable rulings have come out in the last week, so it’s time for a quick update on Arbutus and Yellow.
ARBUTUS — MARKMAN CLAIM CONSTRUCTION RULING ($ABUS)
Yesterday we received news out of D. Del. regarding Arbutus’s claim construction hearing. For anyone looking to get caught up, my original article is here.
The ruling was largely favorable to Arbutus. Of the three main claims being construed, Arbutus won on two—very likely the more important two. Moderna won on one.
from April 3 Markman Order
Two out of three isn’t bad, but doesn’t seem like a slam dunk win at first glance . . .