Moderna Wins Appeals Court Ruling in Arbutus COVID-19 Vaccine Patent Dispute

A U.S. appeals court handed Moderna Inc a win on Tuesday, affirming a decision to cancel an Arbutus Biopharma Corp patent related to the companies’ legal fight over Moderna’s blockbuster COVID-19 vaccines.

The U.S. Court of Appeals for the Federal Circuit upheld a U.S. Patent and Trademark Office tribunal’s ruling that the patent for Arbutus’ lipid nanoparticle (LNP) technology was invalid based on an earlier Arbutus patent that disclosed the same invention.

Moderna challenged the patent at the PTO’s Patent Trial and Appeal Board in 2018, and the board invalidated it in 2019.

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