Moderna’s Vaccine Patent Defense Poses Shield for US Deal Makers

Covid-19 vaccine makers may find shelter from patent lawsuits under a legal theory Moderna’s floating in a case that could shape post-pandemic deals between drugmakers and the government.

Moderna Inc. is fighting an attempt by Arbutus Biopharma Corp. and Genevant Sciences GmbH to seek royalties for sales of its Covid-19 vaccine. It argues their claims are misdirected and should instead be brought against the government, citing a law designed to protect government suppliers.

Legal experts say if Moderna is successful, the outcome could provide a roadmap to dodge lawsuits for other drugmakers working with the US on Covid and other ...