Moderna trying to Dismiss Covid-19 Vaccine Patent Lawsuit

Moderna Inc. is trying to fend off the claims from competitors that the Covid-19 vaccine infringes the patent, claiming that companies can only pursue the claim of receiving royalties from the federal government.

In February, Moderna filed a proceeding in two small biotechnology companies, Arbutus Biopharma Corp and Genevant Sciences GmbH filed in federal court in Delaware, to dismiss allegations of patent infringement.

In a lawsuit, Arbutus and Genevant alleged that Moderna's vaccine contains patent-protected ingredients and are seeking loyalty from the $1 billion sales of Moderna's vaccine. These patents cover small substances called lipid nanoparticles that coat messenger RNA in vaccines and help them invade human cells after injection.

In the new court filing, Moderna said that even if it had infringed the patents, federal patent law protects government contractors from certain patent infringement lawsuits. A section of the law requires that a patent holder also requires to file a claim against the US in the US Court of Federal Claims if the patent holder thinks that a product manufactured for the government infringes the patent.