I’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?
Read MoreI’ve previously written about Arbutus’ patent disputes with Moderna and Pfizer. In Arbutus’ case against Pfizer, the court recently conducting a claim construction hearing. Before that hearing, Pfizer argued that many of Arbutus’ patents are “indefinite.” The court held it was premature for Pfizer to make this argument, but Pfizer nonetheless established that when the case reaches summary judgment, it will rely upon the doctrine of indefiniteness to prevail against Arbutus. What is indefiniteness in patent law? Are Arbutus’ patents indefinite? How viable is Pfizer’s “indefiniteness” defense?
Read MoreModerna faces a new patent lawsuit related to its Covid vaccine. On March 17, Alnylam Pharmaceuticals commenced two separate patent lawsuits—one against Moderna and another against Pfizer. Both suits claim that the Covid manufacturers’ vaccines are infringing a patent owned by Alnylam. So what are Alnylam’s lawsuits all about?
Read MoreArbutus has finally sued Moderna for allegedly infringing its LNP patents. I previously blogged about the Arbutus/Moderna patent dispute here, here and here. Arbutus has already defended the validity of two of its patents, which puts it case on strong footing. But Moderna may nevertheless have a targeted non-infringement defense that could neutralize Arbutus’ claim to any royalties on Moderna’s Covid vaccine.
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