Tuesday, April 04, 2023 4:11:20 PM
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)
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