US Court Favors Moderna In COVID-19 Vaccine Patent Infringement Case With Arbutus Biopharma

  • A U.S. appeals court affirmed a decision to cancel an Arbutus Biopharma Corporation ABUS patent related to a legal fight over Moderna Inc's MRNA COVID-19 vaccines.
  • The U.S. Court of Appeals for the Federal Circuit upheld a U.S. Patent and Trademark Office tribunal's ruling that the patent for Arbutus' lipid nanoparticle (LNP) technology was invalid based on an earlier Arbutus patent that disclosed the same invention.
  • Moderna challenged the patent at the PTO's Patent Trial and Appeal Board in 2018, Reuters reported, and the board invalidated it in 2019.
  • The Federal Circuit's decision does not affect an ongoing lawsuit Arbutus and Genevant Sciences filed against Moderna last year in Delaware for allegedly infringing other related LNP patents.
  • Last year in February, Arbutus and Genevant sued Moderna for infringing on their patent on a lipid nanoparticle platform that they say was crucial to delivering Moderna's widely-used COVID-19 vaccine.
  • The companies seek compensation.
  • Arbutus separately sued Pfizer Inc PFE and BioNTech SE BNTX for patent infringement of five US patents last week over their COVID-19 shots.
  • Price Action: ABUS shares are down 1.03% at $2.88, and MRNA shares are up 0.30% at $155.72 on the last check Wednesday.
  • Image by Okan Caliskan from Pixabay
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