Arbutus’ patent dispute with Moderna is nearing trial. In anticipation of that, the parties have exchanged cross-motions for summary judgment seeking to limit the issues to be heard at trial. This blog post will address Moderna’s most important summary judgment argument, namely, the lion’s share of its potential liability should be shifted to the Government under § 1498. (Future posts will address the parties’ other summary judgment arguments.). I previously blogged about Moderna’s § 1498 defense shortly after this case began.
Read MoreAs I previously blogged here and here, Moderna has been tagged with two patent-infringement lawsuits directed to its LNP technology for delivering its mRNA vaccine for Covid. Moderna has now lodged its first defense two each suit—and in each case, it’s the same. Moderna claims that both plaintiffs, including Arbutus/Genevant and Alnylam, have each sued the wrong party. Moderna contracted with the U.S. Government to provide the vaccine, and pursuant to that contract, Moderna claims that the Government agreed to bear the brunt of any residual patent liability. Will the Government have to pick up the tab for Moderna’s patent infringement?
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