Copan Italia S.p.A. and Copan Diagnostics Inc. (collec- tively, “Copan”) brought a patent infringement case against Puritan Medical Products Company LLC and its affiliated companies (collectively, “Puritan”) in the United States District ...
On June 1, 2018, Copan filed a patent infringement complaint against Puritan in the District of Maine, alleging that Puritan directly and indirectly infringed and infringes several of its swab patents.
At that point, Puritan asserted it had immunity from certain of Copan’s patent infringement claims by virtue of the PREP Act, 42 U.S.C. § 247d-6d.
It further requested that the district court find from these materials that Puritan had immunity from “all claims for loss” under the PREP Act, including claims for patent infringement, on the grounds that all flocked swabs made at the P3 factory constituted “covered countermeasures.” 42 U.S.C. § 247d-6d(a)(1). In response, Copan argued that Puritan enjoyed no im- munity from liability for ...
Alternatively, Copan argued that if the PREP Act’s immunity provision reaches patent infringement claims then it is unconstitutional.
To Puritan, this is an important issue, as it goes to whether Puritan can be required to defend itself against an allegation of patent infringement and whether it can be held liable for such infringement.
Copan further insists that the immunity issue Case: 22-1943 Document: 61 Page: 8 Filed: 05/14/2024 8 COPAN ITALIA SPA v. PURITAN MEDICAL PRODUCTS COMPANY LLC is intertwined with the merits of its patent infringement claim ...
... ITALIA SPA v. PURITAN MEDICAL PRODUCTS COMPANY LLC “qualified pandemic or epidemic product.” 42 U.S.C. § 247d-6d(i)(1)(A).3 Invoking these provisions of the PREP Act, Puritan moved to dismiss the patent infringement ...