Arbutus Biopharma Corporation et al v. Moderna, Inc. et al
Case Number:
1:22-cv-00252
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August 20, 2024
Vax Patent Battles Heat Up As Attention On Pandemic Wanes
It's been over four years since clinical trials began for COVID-19 vaccines, and while the shots have helped the pandemic recede, the lucrative technology has spurred numerous patent suits, many of which are still in the early stages. Here's a look at some of the key cases in the U.S.
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March 10, 2023
Judge Not Convinced By DOJ's 'Say-So' In Vax IP Row
Deciding that it wasn't going to be immediately swayed by "the government's say-so," a Delaware federal court on Friday quickly turned down the Biden administration's efforts to subsume liability for part of a billion-dollar patent dispute over the ownership of the mRNA platform used in Moderna's COVID-19 vaccines.
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March 08, 2023
Moderna Tries To Kick Ex-Judge Out Of COVID Vax IP Row
Moderna has responded to arguments from a former top federal judge, among other legal academics and pharmaceutical trade organizations that are weighing in on a billion-dollar patent lawsuit over the ownership of the mRNA platform behind one of the COVID-19 vaccines, by asking a federal judge in Delaware to disregard those arguments entirely.
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March 03, 2023
Ex-Judges Worried About Where COVID Vax IP Row Will Go
The Biden administration's position that the government should be the target of a billion-dollar patent suit over Moderna's COVID-19 vaccine in federal claims court has been decried by that court's former top judge and other officials, who say that approach flouts patent law.
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February 14, 2023
Moderna Is Wrong Target Of COVID Vax IP Claims, Feds Say
The U.S. government urged a Delaware federal judge on Tuesday to toss claims accusing Moderna Inc. of infringing the patents of a rival mRNA developer with its COVID-19 vaccine, saying that because the vaccine was developed for the government, the claims can only target the government.
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November 02, 2022
Moderna Loses Bid To Punt COVID Vax Patent Suit To Gov't
Moderna Inc. must continue to fight claims that it infringed the patents of a rival mRNA developer with its COVID-19 vaccine, a Delaware federal judge ruled Wednesday in finding Moderna can't yet establish that the vaccine was developed specifically "for the government," thus shielding it from the litigation.
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June 06, 2022
Moderna Can't Punt To Gov't In COVID-19 Vax Suit, Cos. Say
Two companies suing Moderna Inc. in Delaware federal court for patent infringement over its widely used COVID-19 vaccine have slammed the drugmaker's attempt to toss part of the case, saying the government cannot act as a shield from paying damages.
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May 06, 2022
Moderna Says COVID-19 Vax Patent Suit Should Be Tossed
Moderna Inc. on Friday urged a Delaware federal court to throw out a lawsuit accusing it of infringing the patents of a rival mRNA developer with its COVID-19 vaccine, arguing that the claims should be filed against the federal government, not Moderna.
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February 28, 2022
Moderna Faces Patent Suit Over Its COVID-19 Vaccine
Moderna was hit with a suit on Monday that accused it of earning "billions in profits" by selling COVID-19 vaccines that infringed the patents of a rival mRNA developer.