Bloomberg Law
Feb. 15, 2023, 7:21 PM

US Says It Must Be Target of Moderna Covid-Vaccine Patent Case

Christopher Yasiejko
Christopher Yasiejko

A patent-infringement suit seeking royalties from sales of Moderna Inc.'s Covid-19 vaccine should be dismissed because such claims must be filed against the US in a federal claims court, the government said.

Arbutus Biopharma Corp. and Genevant Sciences GmbH sued Moderna nearly a year ago, alleging Moderna’s vaccine uses their technology for a drug-delivery system without permission.

In November, a federal judge in Delaware denied a similar request by Moderna, finding it was too early to toss the claims without “clear language”—in either the complaint or the contract under which the vaccines were sold to the government—showing that the vaccine ...

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