Arbutus Biopharma collaborated with Genevant Sciences and expanded its patent infringement litigation against Moderna through five worldwide lawsuits. The recent patent dispute between Arbutus Biopharma and Moderna stands among several legal conflicts where Genevant Sciences operates on behalf of Arbutus Biopharma and Roivant Science to defend six patent rights.
The complaint from Arbutus Biopharma and Genevant Sciences maintains that Moderna utilizes their patented lipid nanoparticle (LNP) delivery technology to protect mRNA from degradation in both the Spikevax vaccine and mRESVIA respiratory syncytial virus vaccine, as stated in their Monday press release.
The companies initiated separate law cases in Canada, Japan, and Switzerland, as well as two pleadings before the Unified Patent Court (UPC). The legal actions include requests for both injunctions paired with damage payments or demands for royalties.
The UPC actions request compensation for 28 European states with France, Germany, Greece, Italy, Ireland, and Spain as members. The U.S. District Court for the District of Delaware plans to conduct a jury trial for the Arbutus and Genevant case this September.
Pfizer, together with BioNTech, faces litigation from the companies about their alleged use of LNP technology in the profitable COVID vaccine Comirnaty.
The legal battle between Pfizer and BioNTech alongside Moderna began after Moderna started these proceedings during the first months of 2022. The pharmaceutical company GSK filed legal action against Moderna during the fall season after accusing the competitor of using proprietary GSK lipid mRNA vaccine formulation technology.
The results indicate that Moderna is victorious against Arbutus Biopharma. The U.S. Court of Appeals for the Federal Circuit allowed a previous ruling about invalidating an Arbutus LNP patent to stand in 2023, although that patent is not part of COVID-19 patent disputes.
Spikevax product sales brought Moderna $3.1 billion during 2024, but its mRESVIA product earned only $25 million. Spikevax brought in $18.4 billion as the maximum revenue for the company in 2022.
