Bloomberg Law
Dec. 2, 2021, 3:37 PM

Case: Patents/Obviousness (Fed. Cir.)

The Federal Circuit affirmed the decision of the Patent Trial and Appeal Board that claims of Arbutus Biopharma Corporation’s patent directed to stable nucleic acid-lipid particles comprising a nucleic acid, methods of making the SNALP, and methods of delivering and/or administering the SNALP, aren’t unpatentable as obvious over prior art, in an inter partes review by ModernaTx Inc. The court found that Moderna has standing to pursue its appeal based on the risk of an infringement suit, and determined that the unpredictable interactivity between the various lipid components renders the claims of the patent nonobvious.

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