Blog

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.