Moderna Loses Key Covid-Shot Patent Defenses Before Jury Trial

A federal judge barred key Moderna Inc. obviousness and derivation defenses in Arbutus Biopharma Corp.'s lawsuit over Covid-19 vaccine royalties.

Judge Joshua D. Wolson partially granted Arbutus’ motion for summary judgment, barring Moderna from arguing that US Patent Nos. 9,364,435, 8,492,359, and 11,141,378—patents covering specific lipid ingredient ratios—are obvious and rejecting its claim that US Patent No. 9,504,651 wasn’t Arbutus’ invention.

Federal patent law bars Moderna from relitigating obviousness challenges it raised, or could have raised, in inter partes reviews at the Patent Trial and Appeal Board, the judge said in an opinion issued Monday in the ...