Several patent litigations have been filed involving mRNA
pioneers such as Moderna, Inc. and BioNTech, Inc. (with Pfizer)
over the past year relating to sales of the Moderna and
BioNTech/Pfizer COVID-19 vaccine products (Spikevax® and
Comirnaty®, respectively). This post provides an overview of
those cases, other cases involving other mRNA pioneers, and the
overall mRNA patent litigation landscape as of August 24,
2022.1
Arbutus and Genevant v. Moderna
On February 28, 2022, Arbutus and Genevant sued Moderna in the
U.S. District Court for the District of Delaware. The complaint alleges that Moderna infringed a
number of Arbutus-owned patents (i.e., U.S. Patent Nos. 8,058,069, 8,492,359, 8,822,668, 9,364,435, 9,504,651, and 11,141,378) through, at least, Moderna's
sale of its Spikevax® vaccine product.