Moderna fends off Arbutus appeal in COVID vaccine patent fight
The Federal Circuit's decision does not affect an ongoing lawsuit filed by Arbutus and Genevant Sciences - a joint venture between Arbutus and Roivant Sciences Ltd - against Moderna last year in Delaware for allegedly infringing other related LNP patents.;
US: U.S. appeals court handed Moderna Inc a win on Tuesday, affirming a decision to cancel an Arbutus Biopharma Corp patent related to the companies' legal fight over Moderna's blockbuster 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, and the board invalidated it in 2019.
A spokesperson for Genevant declined to comment on the Tuesday decision. A Moderna spokesperson said the company was pleased with the ruling.
The Federal Circuit's decision does not affect an ongoing lawsuit filed by Arbutus and Genevant Sciences — a joint venture between Arbutus and Roivant Sciences Ltd — against Moderna last year in Delaware for allegedly infringing other related LNP patents.
Read also: Pfizer, BioNTech dragged to Court over COVID vaccine patent infringement once again
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