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A U.S. appeals court affirmed a decision to cancel an Arbutus Biopharma Corporation (NASDAQ: ABUS) patent related to a legal fight over Moderna Inc's (NASDAQ: MRNA) 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, Reuters reported, and the board invalidated it in 2019.
The Federal Circuit's decision does not affect an ongoing lawsuit Arbutus and Genevant Sciences filed against Moderna last year in Delaware for allegedly infringing other related LNP patents.
Last year in February, Arbutus and Genevant sued Moderna for infringing on their patent on a lipid nanoparticle platform that they say was crucial to delivering Moderna's widely-used COVID-19 vaccine.
The companies seek compensation.
Arbutus separately sued Pfizer Inc (NYSE: PFE) and BioNTech SE (NASDAQ: BNTX) for patent infringement of five US patents last week over their COVID-19 shots.
Price Action: ABUS shares are down 1.03% at $2.88, and MRNA shares are up 0.30% at $155.72 on the last check Wednesday.
Image by Okan Caliskan from Pixabay
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This article US Court Favors Moderna In COVID-19 Vaccine Patent Infringement Case With Arbutus Biopharma originally appeared on Benzinga.com
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© 2023 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.
it started wit gov't labs , in canada , stolen brought to china , dats gov't play
dis is connection to the last two messages $ABUS patent infringement MRNA /\ patent infringement [ $MRNA just pay the da money]
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=171617393
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=171617406
ABUS
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People pose with syringe with needle in front of displayed Moderna logo
U.S. Justice Department logo is seen at Justice Department headquarters in Washington
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U.S. backs Moderna, says government should face COVID-19 vaccine lawsuit
People pose with syringe with needle in front of displayed Moderna logo
Blake Brittain
Wed, February 15, 2023 at 10:02 AM MST
In this article:
MRNA
-2.33%
ABUS
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By Blake Brittain
(Reuters) - The U.S. government should face a patent lawsuit over COVID-19 vaccines, not vaccine maker Moderna Inc, the Department of Justice told a Delaware federal court on Tuesday.
The Justice Department's court filing said the United States should be liable for any infringement of Arbutus Biopharma Corp and Genevant Sciences GmbH's patents that took place under Moderna's contract to provide shots for the government's nationwide vaccination effort.
Moderna made the same argument last year in an unsuccessful bid to win an early dismissal of the lawsuit.
Genevant declined to comment on the filing. Representatives for Moderna, the U.S. Food and Drug Administration and the U.S. Department of Health and Human Services did not immediately respond to requests for comment Wednesday.
Warminster Township, Pennsylvania-based Arbutus and Genevant — a joint venture between Arbutus and Roivant Sciences Ltd — sued Cambridge, Massachusetts-based Moderna last year for royalties on its multi-billion-dollar COVID vaccines.
Both Moderna and Pfizer Inc have been the target of multiple patent lawsuits over their COVID vaccines, including a lawsuit brought by Moderna against Pfizer in August.
Moderna asked the Delaware court to dismiss Arbutus and Genevant's case in May, arguing it could only be brought against the government in the U.S. Court of Federal Claims. It cited a law that was previously used to keep patent disputes from interfering with the supply of war materials during World War One.
But U.S. District Judge Mitchell Goldberg said in November that Moderna had not yet shown that the vaccines were made for the government or with its authorization and consent under the law, and that it may have instead been an "incidental beneficiary" of the shots.
The Department of Justice responded Tuesday that Moderna should not be liable based on its contract to provide the vaccines to the government as part of Operation Warp Speed.
It said the government's liability is limited to Moderna's alleged infringing activity that took place under its U.S. contract.
The case is Arbutus Biopharma Corp v. Moderna Inc, U.S. District Court for the District of Delaware, No. 1:22-cv-00252.
(Reporting by Blake Brittain in Washington; Editing by David Bario and David Gregorio)
background and Pfizer statement, updates share movement) $ABUS infringement suit
April 4 (Reuters) - Arbutus Biopharma on Tuesday sued U.S. drugmaker Pfizer Inc
and its German partner BioNTech SE
in a New Jersey district court, claiming their mRNA COVID-19 vaccines infringe five of Arbutus' patents.
Arbutus, along with its licensee Genevant Sciences, is seeking damages,
including reasonable royalties,
over the use of lipid nanoparticle (LNP) delivery technology in Pfizer/BioNTech
vaccines to carry and deliver genetic material into the body.
The lawsuit by Arbutus and Genevant says Pfizer/BioNTech engaged in
licensing discussions for the technology but they did not "result in a settlement".
Genevant is a joint venture between Arbutus and Roivant Sciences Ltd.
Arbutus Biopharma had also sued Moderna Inc in the Delaware federal court last year, claiming the latter's mRNA COVID-19 vaccine also infringes its patents.
In their lawsuit against Moderna,
Arbutus had said they were not looking to block the drugmaker from producing or distributing the vaccines but were seeking money damages including a reasonable royalty.
Pfizer said it has not yet received the complaint.
"However,
we remain confident in our intellectual property supporting the Pfizer/BioNTech vaccine
and will vigorously defend against the allegations of the lawsuit," Pfizer said in an e-mailed statement to Reuters.
BioNTech did not immediately respond to a Reuters request for comment on the
lawsuit. Genevant and Arbutus also did not immediately respond to requests for comment.
Moderna had sued Pfizer and BioNTech in August 2022 for allegedly infringing three
patents related to their multibillion-dollar mRNA COVID-19 vaccines.
Pfizer and BioNtech are facing another patent infringement lawsuit related to their COVID-19 vaccines brought by Alnylam Pharmaceuticals Inc in March 2022.
Arbutus rose marginally in volatile trading before the bell while Pfizer and U.S.-listed shares of BioNtech were up around 0.2% each.
(Reporting by Bhanvi Satija and Khushi Mandowara in Bengaluru and Blake Brittain in Washington, D.C; Editing by Krishna Chandra Eluri)
dis could be $20 or more worth to shareholders $ABUS ingringement siut announced today 04-04-2023
I AM SURPRISED NO DIVY TO SHAREHOLDERS ALL THESE YRS.
