covid 19 vaccine After rapidly developing and deploying its COVID-19 vaccine in 2020, Moderna became the target of multiple patent infringement claims brought by several biopharma firms. Now, the company can put two of those disputes with Alnylam behind it, thanks to recent court filings in Delaware.
According to the filings, Moderna and Alnylam have agreed to dismiss all claims with prejudice in the lawsuits alleging infringement of Alnylam’s mRNA delivery platform technology. That means the allegations cannot be revived in the future. Each side will bear its own legal costs. The deal resolves suits filed in March 2022, July 2022 (which was later consolidated), and May 2023.
Alnylam’s claims centered on Moderna’s use of lipid nanoparticle (LNP) technology—designed to deliver genetic material into cells—and the company sought a share of royalties from sales of Spikevax, Moderna’s COVID-19 vaccine, which generated about $3.1 billion in revenue last year. Moderna denied any wrongdoing, contending Alnylam’s patents were invalid or inapplicable.
Before settling, judge Colm Connolly in Delaware had twice ruled in Moderna’s favor. In June 2025, the U.S. Court of Appeals for the Federal Circuit affirmed Connolly’s claim construction and judgment, further reinforcing Moderna’s position. ETPharma.com+4Federal Circuit Court+4IPWatchdog+4 In one key technical ruling, the court held that Alnylam had narrowly defined the term “branched alkyl” in its patents, undercutting the scope of its infringement claims. IPWatchdog+2The IPKat+2
Alnylam has pursued similar litigation against Pfizer and BioNTech over their COVID-19 vaccine technology. Yet, in related proceedings, Judge Connolly ruled against Alnylam, granting summary judgment of non-infringement in favor of Pfizer and BioNTech. Fierce Pharma+3Willkie+3Reuters+3 Meanwhile, Moderna has counter-sued Pfizer and BioNTech in a separate case, which remains ongoing. IPWatchdog+2Fierce Pharma+2
What This COVID 19 Vaccine Resolution Means and What Lies Ahead
This settlement strengthens Moderna’s freedom to operate around its COVID-19 vaccine platform, removing a major overhang of legal risk. By dismissing the claims with prejudice, neither party can revisit those particular allegations in court.
Still, the broader patent ecosystem around mRNA and lipid nanoparticle technology remains highly contested. Other entities—including Arbutus, GSK, and various lipid developers—continue to press their claims or file suits in multiple jurisdictions. ETPharma.com+4IPWatchdog+4Caldwell | Global Law Firm+4 In parallel, Moderna’s ongoing suit against Pfizer/BioNTech over overlapping technology ensures that vaccine patent disputes are far from over.
From a strategic perspective, Moderna’s position is now fortified: the company can redirect legal and financial resources toward R&D, licensing, or expansion, rather than protracted litigation. Conversely, Alnylam’s decision to settle may reflect the risks and costs of extended litigation in an environment where courts are scrutinizing fine claim constructions and patent scope very strictly.
Overall, the resolution of the Alnylam suits marks a turning point in Moderna’s patent narrative, but the COVID-19 vaccine technology patent wars will likely evolve for years to come.
The covid 19 vaccine has been a cornerstone in the fight against the global pandemic, offering protection and saving millions of lives worldwide. Moderna and Alnylam’s legal dispute centered on the technology behind the covid 19 vaccine, particularly lipid nanoparticle delivery systems used in its development. With billions in revenue generated by Spikevax, the covid 19 vaccine continues to play a crucial role in public health strategies. The settlement between the two companies ensures stability in the market and allows Moderna to focus on advancing its covid 19 vaccine research pipeline. Alnylam, while pursuing damages, highlighted the commercial success of the covid 19 vaccine as evidence of its claims. Courts, however, largely favored Moderna’s arguments, strengthening the company’s position in the highly competitive covid 19 vaccine landscape. This resolution not only impacts current vaccine technology but also sets important precedents for future covid 19 vaccine innovation and intellectual property rights.
