The nature, scope and validity of patent pledges

This article analyses a recent landmark judgement by the High Court of Justice in England and Wales concerning a dispute regarding the interpretation of a patent pledge made by Moderna in relation to its COVID-19 vaccine patents. The court held that Moderna’s pledge provided revokable, simple consent to what would otherwise be infringing acts under s60 of the Patents Act, rather than constituting a unilateral contract or a Federal Law Waiver.