Judge Denies Moderna’s Challenge to Vaccine-Related Arbutus Patents

A federal appeals court has struck down Moderna’s coronavirus vaccine-related challenge to patents held by Arbutus Biopharma.

The decision by the U.S. Court of Appeals for the Federal Circuit paves the way for a possible patent infringement complaint to be filed by Arbutus over its lipid nanoparticle technology allegedly used to help manufacture Moderna’s messenger RNA (mRNA)-based COVID-19 jab. Lipid nanoparticles are used to hold the genetic material in the vaccine and act as a delivery mechanism within the body.

Moderna previously challenged the patents before the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board, which found certain aspects of Arbutus’ patents invalid but signed off on other portions ― a decision that the federal court upheld.