Gaining Ground: Arbutus Biopharma and Genevant Sciences in Patent Battle with Moderna

In the ongoing saga of patent disputes surrounding COVID-19 vaccines, Arbutus Biopharma Corporation and Genevant Sciences have made strides in their legal battle against Moderna. With a recent court order clarifying key terms of the patents in question, the two companies are making strides in their quest to claim their share of the profits from Moderna’s Spikevax vaccine.

Arbutus and Genevant initially asserted their patents in 2022, alleging that Moderna utilized their groundbreaking lipid nanoparticle (LNP) delivery platform without proper compensation or licensing. Now, with a joint claim construction brief filed and a detailed court order dissecting the language and scientific intricacies of the patents, the plaintiffs are bolstering their case against Moderna.

Judge Mitchell S. Goldberg’s order largely favors Arbutus and Genevant, rejecting many of Moderna’s proposed constructions and strengthening the plaintiffs’ position. The companies seek compensation for their patented technology, which they argue played a crucial role in the success of Moderna’s COVID-19 vaccine.

While Moderna maintains that its Spikevax technology is the result of independent research and development, Arbutus and Genevant remain steadfast in their commitment to protecting their intellectual property. Interim CEO Michael J. McElhaugh expressed satisfaction with the court’s rulings and emphasized the importance of defending their patents.

The legal battle between the parties is expected to continue for at least two more years, with both sides gearing up for trial. Moderna faces similar lawsuits from other biopharmaceutical companies, underscoring the complexity of intellectual property disputes in the pharmaceutical industry.

Despite the financial success of Spikevax in previous years, sales have been impacted by waning demand and competition from newer boosters. Nevertheless, Arbutus and Genevant’s pursuit of fair compensation for their patented technology remains unwavering.

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