Update On mRNA Vaccine Patent Litigation

We previously reported on patent infringement litigations between Alnylam and Moderna. Below we provide updates on two proceedings involving the mRNA vaccine producer Moderna.

First, in a patent action brought by Alnylam Pharmaceuticals, Inc. ("Alnylam") against Moderna, Inc., ModernaTX, Inc., and Moderna US, Inc. (collectively, "Moderna"), the parties entered a Joint Stipulation and Motion for Entry of Final Judgement of Non-Infringement. Alynlam had previously alleged that Moderna's COVID-19 vaccine products, marketed as SPIKEVAX® infringed U.S. Patent Nos. 11,246,933 and 11,382,979. Moderna subsequently brought non-infringement and invalidity counterclaims related to Alynlam's patents. On August 21, 2023, the court entered a Claim Construction Order defining the following three key terms for all asserted claims: "branched alkyl," "branched C10-C20 alkyl," and "R13 is a branched C10-C20 alkyl." Following the court's ruling, on August 25^th, both parties entered