Judge declines to dismiss Moderna patent infringement case involving COVID-19 vaccine

Arbutus Biopharma and Genevant Sciences sued Moderna in 2022.

Published: March 13, 2023 5:51pm

Updated: March 13, 2023 6:35pm

U.S. District Judge Mitchell Goldberg this week rejected a request from biomedical company Moderna to dismiss a patent infringement case concerning two companies that have alleged Moderna's COVID-19 vaccine used patented technology.  Arbutus Biopharma and Genevant Sciences sued Moderna in 2022, the Epoch Times reported.

Moderna's motion to dismiss followed a filing from the federal government arguing that it ought to face the suit rather than the company. The courts previously rejected a separate bid from Moderna for dismissal.

Goldberg contended that Moderna had failed to establish that its development of the vaccine occurred "for the Government" and "with the authorization and consent of the Government" and therefore rejected the claim.

While Moderna denies the allegations from Arbutus and Genevant, it recently acknowledged that federal researchers with the National Institute of Allergy and Infectious Diseases (NIAID) contributed to its development and agreed to paying a $400 million "catch up" payment to the agency and to pay modest royalties on future sales of its vaccine.

Ben Whedon is an editor and reporter for Just the News. Follow him on Twitter.

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