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ARTICLE · 25 AUGUST 2022

The Current MRNA/LNP Patent Litigation Landscape

Rothwell, Figg, Ernst & Manbeck, P.C.
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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...

United StatesIntellectual Property

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.

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