throbber
Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1283932
`05/09/2023
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer information
`
`Name
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`Biological E. Ltd
`
`05/10/2023
`
`LAKSHMI BUILDING, 3RD FLOOR
`18/1 & 3, AZAMABAD
`HYDERABAD - 50 0020 STATE OF TELANGANA, 0
`INDIA
`
`RICHARD B. BIAGI
`NEAL & MCDEVITT, LLC
`1776 ASH STREET
`NORTHFIELD, IL 60093
`UNITED STATES
`Primary email: litigation@nealmcdevitt.com
`Secondary email(s): pto@nealmcdevitt.com, rbiagi@nealmcdevitt.com,
`akemp@nealmcdevitt.com, abrumfiel@nealmcdevitt.com
`847.881.2455
`
`Docket no.
`
`63073.00019
`
`Applicant information
`
`Application no.
`
`97269865
`
`05/09/2023
`
`Opposition filing
`date
`
`Applicant
`
`Publication date
`
`01/10/2023
`
`Opposition period
`ends
`
`05/10/2023
`
`SPC LLC
`5445 LA SIERRA DRIVE, SUITE 415
`DALLAS, TX 75231
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 005. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Vaccine adjuvants; Vaccines against viral
`infection
`
`Grounds for opposition
`
`No bona fide intent to use mark in commerce for
`identified goods or services
`
`Applicant not rightful owner of mark for identified
`goods or services
`
`Trademark Act Section 1(b), 44(e) or 66(a)
`
`Trademark Act Section 1
`
`Fraud on the USPTO
`
`In re Bose Corp., 580 F.3d 1240, 91 USPQ2d
`
`

`

`1938 (Fed. Cir. 2009)
`
`Attachments
`
`Notice of Opposition CORBEVAX Final 20230509.pdf(184287 bytes )
`EXHIBIT 1 - CORBEVAX.pdf(4270428 bytes )
`EXHIBIT 2 - CORBEVAX.pdf(2689317 bytes )
`EXHIBIT 3 - CORBEVAX.pdf(443392 bytes )
`EXHIBIT 4 - CORBEVAX.pdf(2259146 bytes )
`EXHIBIT 5 - CORBEVAX.pdf(3401945 bytes )
`
`Signature
`
`/Richard B. Biagi/
`
`Name
`
`Date
`
`RICHARD B. BIAGI
`
`05/09/2023
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`BIOLOGICAL E. LTD.,
`
`Opposer,
`
`
`
`
`
`
`Applicant.
`
`
`
`v.
`
`SPC LLC,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Opposition No. _____________
`
`
`
`
`
`
`
`
`Trademark Application Serial No.
`97/269,865
`
`Mark: CORBEVAX
`
`
`
`
`NOTICE OF OPPOSITION
`
`Opposer BIOLOGICAL E. LTD. (“Biological E.” or “Opposer”), a Body Incorporate,
`
`existing under the laws of India, having its registered office address at 18/1 & 3, Azamabad,
`
`Hyderabad - 50 0020, State Of Telangana, India, and also having office at Lakshmi Building, 3rd
`
`Floor, 46, Sir P M Road, Fort, Mumbai-400001 believes it and consumers will be damaged by
`
`the registration of the mark CORBEVAX that is the subject of U.S. Trademark Application
`
`Serial No. 97/269,865 (the “Opposed Mark” and/or “Applicant’s ‘865 Application”), owned by
`
`SPC LLC, upon information and belief, a limited liability company duly organized under the
`
`laws of the State of Texas located at 5445 La Sierra Drive, Suite 415, Dallas, Texas 75231
`
`(hereinafter “Applicant”). For the reasons stated herein, Biological E. hereby opposes
`
`registration of the subject mark pursuant to Section 13 of the Lanham Act, 15 U.S.C. § 1063.
`
`In support of its opposition, Opposer asserts as follows:
`
`OPPOSER’S CORBEVAX MARK
`
`
`
`1.
`
`Biological E. Limited, a Hyderabad-based Pharmaceuticals & Biologics Company
`
`founded in 1953, is the first private sector biological products company in India and the first
`
`pharmaceutical company in Southern India. Biological E. develops, manufactures and supplies
`
`

`

`vaccines and therapeutics. Biological E. supplies its vaccines to more than 130 countries and its
`
`therapeutic products are sold in India, the United States and throughout Europe. Biological E.
`
`currently has eight WHO-prequalified vaccines and nine United States Food and Drug
`
`Administration-approved generic Injectables (ANDAs) in its portfolio.
`
`2.
`
`In recent years, Biological E. has embarked on new initiatives for organizational
`
`expansion such as developing specialty injectable products for global markets, exploring
`
`synthetic biology and metabolic engineering as a means to manufacture APIs sustainably and
`
`developing novel vaccines for the global market.
`
`3.
`
`In 2020, Biological E. co-developed and manufactured a patent-free vaccine for
`
`COVID-19 under the brand name CORBEVAX (“Opposer’s CORBEVAX Mark”) to combat the
`
`COVID-19 pandemic and bring vaccine equity to impoverished communities and lower income
`
`countries around the globe. See, Exhibit 1, From obscurity to a Nobel Prize nomination:
`
`Houston scientists acclaimed for their patent-free COVID-19 vaccine, The Texas Tribune,
`
`February 10, 2022.
`
`4.
`
`In November of 2020, Biological E. commenced Phase I and Phase II trials
`
`of its CORBEVAX vaccine in India.
`
`5.
`
`On December 24, 2020, Opposer filed a trademark application in India for the
`
`mark CORBEVAX for use in connection with vaccine preparations; human vaccine
`
`preparations; oral vaccine preparation (“Opposer’s Goods”), the application having been
`
`assigned number 4793901 which is valid and subsisting and stands registered in the name of the
`
`Opposer.
`
`6.
`
`On December 28, 2021, Texas Children’s Hospital and Baylor College of
`
`Medicine announced that CORBEVAX™, a protein sub-unit COVID-19 Vaccine, whose
`
`
`
`2
`
`

`

`technology was created and engineered at its Center for Vaccine Development (CVD), has
`
`received Emergency Use Authorization (EUA) approval from the Drugs Controller General of
`
`India (DCGI) to launch in India with other underserved countries to follow. See, Exhibit 2,
`
`Texas Children’s Hospital and Baylor College of Medicine COVID-19 Vaccine Technology Secures
`
`Emergency Use Authorization in India - https://www.texaschildrens.org/. See, also, Exhibit 3
`
`CORBEVAXTM Gets DCGI Approval, https://www.biologicale.com/news.html.
`
`7.
`
`In a December 2021 press release, Texas Children’s Hospital and Baylor College of
`
`Medicine noted that “[t]he initial construct and process of the vaccine antigen… [was] in-licensed
`
`from BCM Ventures, Baylor College of Medicine’s integrated commercialization team, to
`
`Hyderabad-based vaccine and pharmaceutical company Biological E. Limited.” See, Exhibit 2.
`
`8.
`
`In a February 2022 article from The Texas Tribune, it was noted that “[t]he vaccine
`
`formula… CORBEVAX, as it was dubbed by its Indian maker, was co-developed and
`
`manufactured by the biopharmaceutical company Biological E. Limited, headquartered in
`
`Hyderabad, India.” See, Exhibit 1.
`
`9.
`
`In May of 2022, Opposer filed trademark applications in Chile, Bangladesh and
`
`Nepal for the mark CORBEVAX for use in connection with Opposer’s Goods, which were
`
`assigned numbers 1502669, 276234 and 101124 respectively.
`
`10.
`
`On May 26, 2022, Opposer filed an international trademark application with
`
`WIPO for the mark CORBEVAX for use in connection with Opposer’s Goods, the application
`
`having been assigned number 1675961. In said international trademark application, Opposer
`
`designated the following countries pursuant to the Madrid Protocol: Brazil, Colombia, Egypt,
`
`Indonesia, Morocco, Mexico, Malaysia, Philippines, Pakistan, Turkey, United States, and
`
`
`
`3
`
`

`

`Vietnam. Opposer’s designated U.S. application for the mark CORBEVAX has been assigned
`
`Serial No. 79/346,636 (“Opposer’s CORBEVAX Application”).
`
`11.
`
`On October 11, 2022, a WIPO administrative panel (Case No. D2022-3112)
`
`ordered that the domain name <corbevax.com> be transferred to Opposer Biological E. Ltd.
`
`THE OPPOSED MARK
`
`12. Without the express and/or implied permission of Opposer and notwithstanding
`
`Opposer’s rights in and to Opposer’s CORBEVAX Mark, on February 16, 2022, Applicant filed
`
`Applicant’s ‘865 Application for the Opposed Mark CORBEVAX for use in connection with
`
`vaccine adjuvants; vaccines against viral infection in International Class 05 (“Applicant’s
`
`Goods”). The subject application was published in the January 10, 2023 edition of the
`
`Trademark Official Gazette for the United States Patent and Trademark Office, and Opposer has
`
`secured extensions of time to oppose until May 10, 2023.
`
`13. The Opposed Mark is identical to the prior coined and adopted mark of the Opposer,
`
`CORBEVAX.
`
`14.
`
`Opposer’s Goods and Applicant’s Goods are identical and are offered to the same
`
`types of consumers.
`
`15.
`
`The Opposed Mark CORBEVAX is confusingly similar to Opposer’s
`
`CORBEVAX Mark, and the registration and use of the Opposed Mark by Applicant in
`
`association with Applicant’s Goods is likely to cause confusion, mistake or deception as to the
`
`source or origin of Applicant’s Goods, or to cause confusion, mistake, or deception as to the
`
`affiliation, connection or association of Applicant and Opposer, causing irreparable damage and
`
`injury to Opposer.
`
`16. The application to register the Opposed Mark has interfered and will continue to
`
`
`
`4
`
`

`

`interfere with Opposer’s aforesaid trademark rights and will seriously damage the Opposer, its
`
`business, its goodwill, and the business of its licensees, affiliates and related companies.
`
`17.
`
`If Applicant is granted the exclusive right to use and register the Opposed Mark
`
`in connection with Applicant’s Goods, actual consumer confusion would likely ensue given, e.g.,
`
`the identical nature of the Opposed Mark and Opposer’s CORBEVAX Mark and the identical
`
`nature of Opposer’s Goods and Applicant’s Goods, causing consumers to erroneously believe
`
`that vaccines distributed by Applicant’s are provided by, endorsed by and/or affiliated with
`
`Biological E., thereby causing irreparable damage and injury to Biological E.
`
`18. Because Opposer’s Goods are vaccines which are used to prevent the infection
`
`and/or spread of the COVID-19 virus, preventing consumer confusion related to Opposer’s
`
`CORBEVAX Mark is of the utmost importance because consumer confusion as to the source of
`
`the vaccines could actually present a life-or-death scenario to consumers.
`
`COUNT ONE: FRAUD IN THE PROCUREMENT OF A REGISTRATION
`
`19.
`
`Petitioner repeats and realleges paragraphs 1 through 18 as though fully set forth
`
`herein.
`
`20.
`
`Upon information and belief, Applicant operated a web site at the url
`
`CORBEVAXUSA.COM, see Exhibit 4, in which Applicant stated, “CORBEVAXTM has
`
`exclusive licensing agreements with Baylor College of Medicine, Texas Children’s Hospital &
`
`Biological E. to manufacture and distribute worldwide.”
`
`21.
`
`On the web site located at the url CORBEVAXUSA.COM, Applicant stated
`
`“CORBEVAX has achieved statistical success criteria in Phase I, II, and III trials, showing high
`
`efficacy (88-94%) confirmed against multiple strains of COVID-19, including Delta, Delta+,
`
`Lambda. CORBEVAX also provides 100% protection against severe disease.” See, Exhibit 4.
`
`
`
`5
`
`

`

`22.
`
`Upon information and belief, Applicant operated a web site at the url
`
`SPCLLC.US, see Exhibit 5, which stated “We’re Authorized (sic) Manufacturer and Distributor
`
`of Medical and Pharmaceutical Products”… “CORBEVAXTM Vaccine – The plant based
`
`COVID-19 vaccine you can trust with 88-94% confirmed efficacy rate.”
`
`23.
`
`At no time did SPC, LLC or any entity named CORBEVAX have authorization
`
`from Biological E. or from Baylor College of Medicine or Texas Children’s Hospital to
`
`manufacture, seek clinical trials of and/or distribute a COVID-19 vaccine within the United
`
`States or elsewhere.
`
`24.
`
`Applicant knowingly made false statements in its initial declaration in support of
`
`Applicant’s ‘865 Application by alleging that Applicant was the owner of the CORBEVAX
`
`mark and that it had a bona fide intent and was entitled to use the mark in commerce, all with an
`
`intent to deceive and/or induce the USPTO into issuing a registration for the subject mark. In re
`
`Bose Corp., 580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir. 2009).
`
`25.
`
`Such false statements constitute a material misrepresentation of the facts
`
`regarding ownership and future use of the CORBEVAX mark.
`
`26.
`
`Such statements by Applicant were made with reckless disregard for the truth, the
`
`legal equivalent of a showing that Applicant had the specific intent to deceive the USPTO.
`
`Chutter, Inc. v. Great Mgmt. Grp., LLC, 2021 USPQ2d 1001 (TTAB 2021).
`
`27.
`
`Applicant knew or should have known that its statements regarding ownership
`
`and future use of the mark were false.
`
`28.
`
`The USPTO relied upon Applicant’s false statements in allowing the subject
`
`application to proceed to publication in the Trademark Official Gazette.
`
`29.
`
`By virtue of the objectively false statements made by Applicant, the USPTO was
`
`
`
`6
`
`

`

`misled and thereby was induced to permit the subject application to proceed to publication in the
`
`Trademark Official Gazette.
`
`30.
`
`Applicant is not entitled to registration of the subject mark because it committed
`
`fraud in the filing and prosecution of the subject application.
`
`COUNT TWO:
`
`NO BONA FIDE INTENT TO USE THE CORBEVAX MARK IN COMMERCE
`
`31.
`
`Petitioner repeats and realleges paragraphs 1 through 18 as though fully set forth
`
`herein.
`
`32.
`
`Since Applicant was neither the owner of nor authorized in any manner to use
`
`the Opposed Mark in connection with Applicant’s Goods, Applicant lacked a bona fide intent to use the
`
`Opposed Mark in violation of Section 1(b) of the Trademark Act, 15 U.S.C. 1051(b).
`
`33.
`
`On March 20, 2023 1, an Office Action issued in connection with Opposer’s
`
`CORBEVAX Application in which Applicant’s ‘865 Application was cited as a bar to
`
`registration on the grounds of likelihood of confusion.
`
`34.
`
`In light of the refusal to register issued by the USPTO, Opposer has been and will
`
`continue to be damaged by the existence of Applicant’s ‘865 Application.
`
`COUNT THREE: APPLICANT IS NOT THE RIGHTFUL OWNER OF THE
`
`CORBEVAX MARK
`
`35.
`
`Petitioner repeats and realleges paragraphs 1 through 18 as though fully set forth
`
`herein.
`
`36.
`
`Since Applicant was not authorized by the Opposer in any manner to use and/or
`
`seek registration of the Opposed Mark in connection with Applicant’s Goods, Applicant was not
`
`
`1 On May 9, 2023, the IB First Refusal Note issued in connection with the March 20 Non-Final Action.
`
`
`
`7
`
`

`

`the rightful owner of Applicant’s ‘865 Application in violation of Section 1(a) of the Trademark
`
`Act, 15 U.S.C. 1051(a).
`
`37.
`
`In connection with Applicant’s ‘865 Application, Applicant signed the requisite
`
`verification statement pursuant to Section 1(a)(3) of the Trademark Act, 15 U.S.C. 1051(a)(3),
`
`under penalty of perjury, despite not being the owner of the mark sought to be registered.
`
`38.
`
`On March 20, 2023 2, an Office Action issued in connection with Opposer’s
`
`CORBEVAX Application in which Applicant’s ‘865 Application was cited as a bar to
`
`registration on the grounds of likelihood of confusion.
`
`39.
`
`In light of the refusal to register issued by the USPTO, Opposer has been and will
`
`continue to be damaged by the existence of Applicant’s ‘865 Application.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2 On May 9, 2023, the IB First Refusal Note issued in connection with the March 20 Non-Final Action.
`
`
`
`8
`
`

`

`PRAYER FOR RELIEF
`
`WHEREFORE, Opposer believes that it will be damaged by registration of the Opposed Mark
`
`and therefore respectfully requests that such registration be refused on the grounds that Applicant
`
`committed fraud in the procurement of a registration, Applicant has no bona fide intent to use the
`
`subject mark, and Applicant is not the rightful owner of the subject, and that this opposition be
`
`sustained in favor of Opposer.
`
`
`Dated: May 9, 2023
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By: /s/ Richard B. Biagi
`
`
`
`
`Richard B. Biagi, Esq.
`
`Audra Kemp, Esq.
`
`Amber Rye Brumfiel, Esq.
`
`NEAL & MCDEVITT, LLC
`
`1776 Ash Street
`
`Northfield, IL 60093
`
`Tel: (847) 881-2455
`
`rbiagi@nealmcdevitt.com
`
`akemp@nealmcdevitt.com
`
`abrumfiel@nealmcdevitt.com
`
`Attorneys for Opposer
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`9
`
`
`
`
`
`

`

`
`
`CERTIFICATE OF FILING
`
`I hereby certify that a true and complete copy of the foregoing NOTICE OF
`OPPOSITION was filed online with the Trademark Trial and Appeal Board on May 9, 2023
`through the ESTTA system of U.S. Patent and Trademark Office.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Richard B. Biagi
`Attorney for Opposer
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`10
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT 1
`EXHIBIT 1
`
`11
`11
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT 2
`EXHIBIT 2
`
`12
`12
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT 3
`EXHIBIT 3
`
`13
`13
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT 4
`EXHIBIT 4
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`14
`14
`
`

`

`
`
`
`
`EXHIBIT 5
`EXHIBIT 5
`
`15
`15
`
`

`

`eee hwidiatila
`
`INVESTIGATIONS
`
`NEWSLETTERS
`
`EVENTS
`
`AUDIO
`
`ee Ne
`
`Education Savings Accounts
`
`Daniel Perry Pardon
`
`Military Discharges
`
`Abortion Drug Ruling
`
`2023 Legislative Session
`
`
`LONE STAR COLLEGE
`
`woRKS FOR
`
`(CXLD F
`
`
`
`
`
`
`
`CORONAVIRUS IN TEXAS
`
`From obscurity to a Nobel Prize nomination:
`Houston scientists acclaimed for their patent-free
`COVID-19 vaccine
`
`Corbevax, a low-cost coronavirus vaccine created in Houston, could be a better weapon against
`COVID-19 by reaching the unvaccinated in poorer countries.
`
`BY KAREN BROOKS HARPER
`
`FEB. 10, 2022.)
`
`5 AM CENTRAL
`
`
`
`Maria Bottazzi replaces vials of the vaccine into a freezer at the Tropical Medicine Lab at Texas Children(cid:8217)s Hospital Center for Vaccine
`Development in Houston. @ Justin Rex for The Texas Tribune
`
`Sign up for The Brief, our daily newsletter that keeps readers up to speed on the most
`essential Texas news
`
`Two years ago, when a pair of Houston scientists first began crafting a cheap, easy-
`to-make COVID-19 vaccine, they had a tough time finding support for it at home in
`the U.S., a country that rewards expensive, flashy new tech.
`
`They could have used help with their goal of combating the virus both locally and
`abroad, where it was morphing into more dangerous variants headed for U.S. shores.
`
`But the team at the Texas Children(cid:8217)s Hospital Center for Vaccine Development at
`Baylor College of Medicine, led by Drs. Maria Elena Bottazzi and Peter Hotez, worked
`on their patent-free vaccine with donated money in relative obscurity, failing to
`
`Document title: Houston scientists get Nobel Prize nod for patent-free COVID-19 vaccine | The Texas Tribune
`Capture URL: https://www.texastribune.org/2022/02/10/corbevax-texas-coronavirus-vaccine/
`Capture timestamp (UTC): Thu, 13 Apr 2023 17:19:54 GMT
`
`
`
`
`
`Page 1 of 13
`
`

`

`Education Savings Accounts
`
`Daniel Perry Pardon
`
`Military Discharges
`
`Abortion Drug Ruling
`
`2023 Legislative Session
`
`abroad, where it was morphing into more dangerous variants headed for U.S. shores.
`
`But the team at the Texas Children(cid:8217)s Hospital Center for Vaccine Development at
`Baylor College of Medicine, led by Drs. Maria Elena Bottazzi and Peter Hotez, worked
`on their patent-free vaccine with donated money in relative obscurity, failing to
`garner much outside interest.
`
`The Texas Tribune thanks its sponsors. Become one.
`
`i 1 Te CERG
`National Merit Scholars
`
`THE UNIVERSITY OF TEXAS AT DALLAS
`
`Then one thing finally broke through and spoke to the people who had been
`overlooking their open-science approach to the vaccine known by its first producer
`as Corbevax. It came without strings or a secret formula, making it a true
`humanitarian pursuit that could finally reach the unvaccinated corners of the
`developing world.
`
`(cid:8220)Corbevax to beat inequity?(cid:8221) read a CNN News ticker beside a televised interview
`with the scientists last month.
`
`Now, just weeks after their vaccine won emergency use authorization in India,
`international news agencies are lining up for interviews. Curious investors are
`reaching out to the scientists on social media from around the world. U.S. lawmakers
`from both sides of the aisle are pressuring President Joe Biden to step in and support
`the vaccine(cid:8217)s distribution abroad.
`
`The vaccine is being praised by scientists, members of the public and the media as
`(cid:8220)the world(cid:8217)s COVID vaccine,(cid:8221) (cid:8220)the vaccine game changer(cid:8221) and (cid:8220)the way out of this
`global pandemic.(cid:8221)
`
`There(cid:8217)s even talk of a Nobel Peace Prize.
`
`(cid:8220)You are providing sorely needed ethical & scientific leadership. Texas should be
`proud!(cid:8221) Ambassador Martin Kimani, Kenya(cid:8217)s permanent representative to the United
`Nations, wrote on Twitter in early January.
`
`And all of this buzz before a single shot of Corbevax has gone into an arm outside of
`clinical trials.
`
`
`
`Document title: Houston scientists get Nobel Prize nod for patent-free COVID-19 vaccine | The Texas Tribune
`Capture URL: https://www.texastribune.org/2022/02/10/corbevax-texas-coronavirus-vaccine/
`Capture timestamp (UTC): Thu, 13 Apr 2023 17:19:54 GMT
`
`Page 2 of 13
`
`

`

`
`
` o ¥ ©
`
`
`
`Education Savings Accounts
`
`Daniel Perry Pardon
`
`Military Discharges
`
`Abortion Drug Ruling
`
`2023 Legislative Session
`
`proud!(cid:8221) Ambassador Martin Kimani, Kenya(cid:8217)s permanent representative to the United
`Nations, wrote on Twitter in early January.
`
`
`
`And all of this buzz before a single shot of Corbevax has gone into an arm outside of
`clinical trials.
`
`(cid:8220)| think one of the reasons it(cid:8217)s been a bit viral is the fact that everybody(cid:8217)s been
`talking about equity, equity, equity and nobody does much of anything,(cid:8221) Bottazzi
`told The Texas Tribune. (cid:8220)And then all of a sudden they learn that we have this
`vaccine that has been open science, with no proprietary technology. And they(cid:8217)re
`saying, (cid:8216)Wait, where has this been?(cid:8217)(cid:8221)
`
`
`
`The Texas Tribune thanks its sponsors. Become one.
`
`TDA advocates for the oral health of
`
`TDA
`
`TEXASDENTAL
`
`
`
`The vaccine formula can be licensed by a vaccine producer in any low- or middle-
`income nation, which would then take ownership of it, produce it, name it and work
`with the government to get it to the people, Hotez said.
`
`Corbevax, as it was dubbed by its Indian maker, was co-developed and manufactured
`by the biopharmaceutical company Biological E. Limited, headquartered in
`Hyderabad, India.
`
`Doses are expected to be delivered to the Indian government starting next week for
`distribution to some half a billion people who are still unvaccinated in that country.
`Just over half the population of India is fully vaccinated, with another homegrown
`vaccine available there and a third recently authorized.
`
`A halal version of the vaccine, for use in Islamic countries because it doesn(cid:8217)t contain
`animal-based ingredients, is in clinical trials in Indonesia.
`
`
`
`
`
`
`The Texas Tribune thanks its sponsors. Become one.
`
`AT AMERIHEALTH CARITAS,
`WE(cid:8217)RE ON A MISSION.
`
`AmeriHealth Caritas
`Texas
`
`
`
`CARE IS THE
`HEART OF
`OUR WORK.
`
`All images are used under license for illustrative purposes only. Any individual depicted is a model.
`
`
`
`
`
`
`
`The protein-based COVID-19 vaccine technology is also licensed to vaccine
`producers in Bangladesh, South Africa and Botswana, with potential deals also in the
`
`Document title: Houston scientists get Nobel Prize nod for patent-free COVID-19 vaccine | The Texas Tribune
`Capture URL: https://www.texastribune.org/2022/02/10/corbevax-texas-coronavirus-vaccine/
`Capture timestamp (UTC): Thu, 13 Apr 2023 17:19:54 GMT
`
`
`
`Page 3 of 13
`
`

`

`
`
`Education Savings Accounts
`
`Daniel Perry Pardon
`
`Military Discharges
`
`Abortion Drug Ruling
`
`2023 Legislative Session
`
`The protein-based COVID-19 vaccine technology is also licensed to vaccine
`producers in Bangladesh, South Africa and Botswana, with potential deals also in the
`works for Taiwan and Vietnam.
`
`Those five countries alone are home to a billion people who are not fully vaccinated.
`
`(cid:8220)Hopefully, it will be game-changing for many countries,(cid:8221) Bottazzi said.
`
`No patent means lower cost
`
`Bottazzi and Hotez, both pioneers in the field of immunology, run Baylor(cid:8217)s National
`School of Tropical Medicine and have been developing coronavirus vaccines for more
`than a decade, including formulas for the SARS and MERS viruses.
`
`The Texas Tribune thanks its sponsors. Become one.
`
`Their vaccine uses the same recombinant protein technology already used for
`decades in the hepatitis B vaccine, a common childhood shot.
`
`The vaccine technology has no intellectual property rights attached to it. That
`means the building blocks of the vaccine can be had for the price of a phone call.
`Once produced, the vaccine can be sold to governments for far less than any other
`vaccine currently on the market.
`
`(cid:8220)Our intent was to make it available to millions of people in the world who would
`otherwise not have access to COVID vaccines,(cid:8221) said Hotez, dean of Baylor College of
`Medicine(cid:8217)s National School of Tropical Medicine.
`
`The Indian government has secured a deal with Biological E to buy at least 300
`million doses for less than $2 per dose. After that, Bio E has said it can make more
`than 1 million doses per month.
`
`The Texas Tribune thanks its sponsors. Become one.
`
`Document title: Houston scientists get Nobel Prize nod for patent-free COVID-19 vaccine | The Texas Tribune
`Capture URL: https://www.texastribune.org/2022/02/10/corbevax-texas-coronavirus-vaccine/
`Capture timestamp (UTC): Thu, 13 Apr 2023 17:19:54 GMT
`
`Page 4 of 13
`
`

`

`Education Savings Accounts
`
`Daniel Perry Pardon
`
`Military Discharges
`
`Abortion Drug Ruling
`
`2023 Legislative Session
`
`OF SOUTH TEXAS, INC.
`
`(cid:8220)Serving Humanity to Honor God(cid:8221)
`
`LEARN MORE
`
`By comparison, the U.S. government is paying Pfizer about $20 per dose. Much of
`that is the cost of the intellectual property covered by the patent.
`
`Percentage of Texans fully vaccinated
`
`All Texans ages six months and older are eligible for a vaccine.
`
`100%
`
`80%
`
`60%
`
`40%
`
`20%
`
`Aug. 22
`
`61.6% of Texans
`fully vaccinated
`
`25.3% have
`gotten boosters
`
`April
`
`Oct.
`
`April
`
`Note: The number of fully vaccinated Texans decreased slightly on Dec. 14, 2021 because of a data processing error
`from the Texas Department of State Health Services.
`
`Sources: Vaccination data from DSHS, statewide population from the 2020 U.S. census, population by age from Census
`Vintage 2019 estimates
`
`(Credit: The Texas Tribune
`
`The idea of open science, open access and open source medicine and technology, like
`the (cid:8220)patent pledge(cid:8221) by Tesla in 2014, is not new, but it(cid:8217)s gaining traction for its focus
`on equal access over profit. Its critics argue that it can dampen competition and
`innovation.
`
`There have been attempts to exempt COVID-19 vaccines from intellectual property
`rights and patents to increase global access, amid debate over whether that would
`result in more equitable distribution.
`
`But much of the praise for Corbevax and its Texas inventors seems to be their
`willingness (cid:8212) and that of Bio E and the investors (cid:8212) to forgo a large profit in favor of
`the more altruistic goal of better access and distribution of the vaccine.
`
`The Texas Tribune thanks its sponsors. Become one.
`
`Document title: Houston scientists get Nobel Prize nod for patent-free COVID-19 vaccine | The Texas Tribune
`Capture URL: https://www.texastribune.org/2022/02/10/corbevax-texas-coronavirus-vaccine/
`Capture timestamp (UTC): Thu, 13 Apr 2023 17:19:54 GMT
`
`
`
`Page 5 of 13
`
`

`

`Education Savings Accounts
`
`Daniel Perry Pardon
`
`Military Discharges
`
`Abortion Drug Ruling
`
`2023 Legislative Session
`
`Last week, Bottazzi and Hotez were nominated for the Nobel Peace Prize for
`practicing what Hotez calls (cid:8220)Texas vaccine diplomacy,(cid:8221) by creating a path for the
`entire world to be inoculated.
`
`(cid:8220)Dr. Hotez and Dr. Bottazzi(cid:8217)s effort to develop the Corbevax vaccine is truly one of
`international cooperation and partnership to bring health, security, and peace
`around the world by creating a COVID-19 vaccine and making it available and
`accessible to all,(cid:8221) wrote U.S. Rep. Lizzie Fletcher, D-Houston, in her official
`nomination. (cid:8220)It is a contribution that is of the greatest benefit to humankind.(cid:8221)
`
`Whether their new fame translates into dollars for continuing their work on
`advancing the coronavirus vaccine program remains to be seen, Bottazzi said.
`
`She hopes that once the vaccine's safety data is published for peer review and the
`vaccine starts going into arms, more support will follow.
`
`The Texas Tribune thanks its sponsors. Become one.
`
`They have some powerful voices showing up for them now, too. U.S. Rep. Michael
`McCaul, R-Austin, called on Biden last week to help with its distribution to American
`allies overseas who are struggling with what he called (cid:8220)ineffective and substandard
`vaccines from China and Russia.(cid:8221)
`
`(cid:8220)While we recognize existing administration efforts to supply COVID-19 vaccines
`around the world, the global supply is woefully insufficient to meet urgent and
`pressing demands,(cid:8221) McCaul wrote in a letter signed by a bipartisan group of more
`than a dozen members of the Texas congressional delegation.
`
`(cid:8220)We need to see the data(cid:8221)
`
`All the Corbevax praise is coming in before the scientific trial data has been
`published in a peer-reviewed scientific journal, seen by experts as an important
`public vetting process for a new vaccine or medication.
`
`(cid:8220)T(cid:8217)m excited about it. I see a huge potential. I can(cid:8217)t wait for something like this to
`come to fruition,(cid:8221) said Dr. Jason Morrow, a physician and medical ethicist at the
`University of Texas Health Science Center at San Antonio. (cid:8220)And I also have to be
`measured and patient and wait for the data.(cid:8221)
`
`Document title: Houston scientists get Nobel Prize nod for patent-free COVID-19 vaccine | The Texas Tribune
`Capture URL: https://www.texastribune.org/2022/02/10/corbevax-texas-coronavirus-vaccine/
`Capture timestamp (UTC): Thu, 13 Apr 2023 17:19:54 GMT
`
`Page 6 of 13
`
`

`

`Education Savings Accounts
`
`Daniel Perry Pardon
`
`Military Discharges
`
`Abortion Drug Ruling
`
`2023 Legislative Session
`
`eg
`gp ee
`~ ee ee
`come to fruition,(cid:8221) said Dr. Jason Morrow, a physician and medical ethicist at the
`University of Texas Health Science Center at San Antonio. (cid:8220)And I also have to be
`measured and patient and wait for the data.(cid:8221)
`
`The Texas Tribune thanks
`
`its sponsors. Become one
`
`HEALTH CARE COVERAGE
`PORTEXANS
`
`Better Coverage
`
`Better Service
`
`Better Rates
`
`tfbhp.com
`877.500.0140
`
`Data from company-run clinical trials in India proving that Corbevax is safe and
`effective was submitted to the Indian government regulators to review before they
`authorized it on Dec. 28 for emergency use.
`
`Long before that, in the U.S., the Texas Children(cid:8217)s team published all of its
`information about the production processes for the vaccine technology in publicly
`available scientific journals.
`
`The clinical trial results are not on the Indian regulator(cid:8217)s website yet, although early
`results have been released by the company and the team in public statements.
`
`Biological E Limited reported during the approval process in India that in the
`company(cid:8217)s clinical trials, Corbevax showed up to a 90% efficacy rate based
`onimmune-bridging studies, and none of the 3,000 people who participated in the
`final stage ofclinical trials had any serious adverse reactions. It also showed only a
`minimal drop in protection after six months.
`
`The Texas Tribune thanks
`
`its sponsors. Become one
`
`)
`
`ZACH | ONSTAGE APRIL 5-30
`
`When the company(cid:8217)s testing methods and research are published in a scientific
`journal, that will give the public a look into how the researchers came to their
`conclusions

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket