Moderna Shield Argument on Vaccine Royalties Rejected by Rivals

Moderna Inc.‘s effort to redirect Covid-19 vaccine royalty allegations to the federal government is under fire from patent holders who contend the drugmaker overlooks crucial precedent while advancing a flimsy legal argument to protect its profits.

Arbutus Biopharma Corp. and Genevant Sciences GmbH say Moderna owes them royalties for using their patented technology to make Covid-19 vaccines despite 28 US Code Section 1498(a), a law designed to shield federal contractors when infringing patents for government benefit. That’s because the government purchased Moderna doses to benefit the US population rather than the government itself, Arbutus and Genevant argued in ...