Moderna's motion to dismiss a patent infringement suit focused on COVID-19 vaccine technology was dismissed after the company argued that the case should be against the U.S. government rather than itself.
On February 2022, Plaintiffs Arbutus Biopharma Corporation and Genevant Sciences GmbH filed lawsuit against Moderna stating that, in order for the vaccine to succeed, Moderna used a revolutionary lipid nanoparticule (LNP) delivery platform which is created and patented by Plaintiffs without paying for it or requesting a license.
On May 6, 2022, Moderna filed a partial Motion to dismiss this lawsuit. Moderna argued that to the extent Plaintiffs seek royalties on the sale and provision of COVID-19 Vaccine doses to the United States Government.
Plaintiffs claim that they did not seek to inhibit development and distribution of the vaccine but only requested fair and reasonable compensation. As such, they proposed that Moderna pay for a mutually acceptable license, but Moderna has declined to engage meaningfully in licensing discussion, necessitating this lawsuit.
Moderna contends that it contracted with the Government for production and delivery of the vaccine for use in combatting the pandemic. It states that any infringement claims relating to a Government contract must be litigated exclusively in the Court of Federal Claims.
Along with this case, Moderna is engaged with fellow COVID-19 vaccine maker Pfizer in a patent clash. In late August, the company filed a lawsuit against Pfizer and BioNTech. All of the cases carry major financial stakes because of the tens of billions of dollars so far generated by the lucrative pandemic shots.
