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 MoreI’ve blogged several times about the ongoing patent dispute between Arbutus and Moderna. The case is nearing the end of expert discovery and is headed for trial towards the end of 2025. A recent discovery dispute between the parties highlighted an important issue to watch as the case nears trial. The dispute concerns Arbutus’ testing of Moderna’s vaccine—Moderna claims that the parameters used to setup the testing may have been faulty. Does Arbutus have a testing problem, or Moderna grasping for straws in the face of troubling test results?
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