Moderna Again Faces Claims It Excluded Others’ Work In Developing COVID-19 Vaccine
Arbutus Biopharma alleges Moderna refused to license patents covering its lipid nanoparticle delivery platform in developing Spikevax. Moderna says it created its own proprietary LNP delivery technology.
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Moderna seeks damages for sales of Comirnaty in US and other wealthy countries from 8 March onward, a timeframe driven by Moderna's accessibility pledge. Suit claims Pfizer and BioNTech copied two key features of its mRNA technology for their rival COVID vaccine.
Alnylam seeks royalties, claiming its lipid nanoparticle technology is a component of both Moderna’s and Pfizer’s vaccines. Moderna calls Alnylam’s suit ‘blatant opportunism.’ Acuitas sues Arbutus seeking declaratory judgement that Comirnaty does not infringe its LPN technology.
US government may add provisions to future agreements to ensure its inventorship rights and make terms more favorable to the public. Lawyers say it will be difficult for Moderna to exclude NIH as co-inventor. But NIH lost a similar battle over AZT patents.