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Moderna Must Face Patent Claims Over US Government Vaccine Sales

Nov. 2, 2022, 9:59 PM

A Delaware federal court refused to throw out patent infringement claims brought by Arbutus Biopharma Corp. and Genevant Sciences GmbH against Moderna Inc. over its sale of Covid-19 vaccine doses to the US government.

Genevant and Arbutus sued Moderna in February, seeking royalties from Moderna’s sale of its Covid-19 vaccine. The companies allege Moderna’s vaccine uses their technology for a drug-delivery system without permission.

Citing a law designed to protect government suppliers, Moderna argued patent claims related to the sale of vaccine doses to the US government should’ve been brought against the government, not the drugmaker. Additionally, it said any ...