Moderna Loses Key Patent Challenge, Puts COVID-19 Vaccine at Risk

The Patent Trial and Appeals Board (PTAB) has dismissed claims by Moderna that a Canadian rival’s patent on lipid nanoparticle (LNP) technology is invalid, in a ruling that could have implications for Moderna’s COVID-19 vaccine candidate mRNA-1273.

Moderna challenged a patent in January 2019 held by Arbutus Biopharma on the technology for delivering messenger RNA, and PTAB began a review in July 2019. In a final decision issued last week, PTAB sided with Arbutus.

If Moderna’s mRNA-1273 vaccine uses the patented technology ruled on in this case, Arbutus could potentially file a claim for royalties, according to Zachary Silbersher, a patent lawyer in New York.

However, Moderna contends that its “improved proprietary LNP formula,” used to manufacture the mRNA-1273 COVID vaccine, is not covered by the Arbutus patent. The company also noted that it successfully overturned a separate patent held by Arbutus and invalidated the broadest claims of another.

“Our improved proprietary LNP formula, used to manufacture mRNA-1273, is not covered by the Arbutus patents. Moderna is not aware of any significant intellectual property impediments for any products we intend to commercialize, including mRNA-1273,” a Moderna spokeswoman said.

Arbutus did not respond to a request for comment.

Read the PTAB ruling here: www.fdanews.com/07-24-20-PTABModernaRuling.pdf. — Jordan Williams