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 MoreOn March 7, Moderna updated its patent-pledge with respect to enforcement of its IP rights for its Covid vaccine. In short, Moderna pledged that it will never enforce its patents against Covid vaccines manufactured within certain middle and low-income countries, but may enforce them against vaccines in other countries, such as the US. What are the take-aways from the pledge?
Read More