Moderna nabs a win in Arbutus patent case as appeals court upholds prior invalidation
April 13, 2023
Source: drugdu
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While Arbutus Biopharma is busy scrapping with Moderna and Pfizer over COVID-19 vaccine patents, Moderna has chalked up a win in a separate case.
Back in 2018, Moderna challenged one of Arbutus’ lipid nanoparticle (LNP) technology patents at the U.S. Patent and Trademark office (PTO)’s Patent Trial and Appeal Board (PTAB). The patent, known as the ‘127 patent, was invalidated by the board the following year on the grounds that the company had already stated the invention in a prior patent (the ‘069 patent).
Now, after an appeal attempt by Arbutus, the U.S. Court of Appeals for the Federal Circuit has upheld the decision.
Moderna has “persuasively shown” that one or more formulations disclosed in the ‘069 patent are “the same or essentially the same” as formulations listed in the ‘127 patent, the appeals court said.
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