Moderna Inc. has strongly opposed Arbutus Biopharma Corporation's attempt to reconsider a court order that limited the number of patents Arbutus can assert in their ongoing lawsuit over COVID-19 vaccine technology royalties. In a filing submitted Monday to the US District Court for the District of Delaware, Moderna characterized Arbutus's request as "unabashedly" inconsistent and "opportunistic."
The dispute stems from Arbutus and co-plaintiff Genevant Sciences GmbH seeking royalties from Moderna's highly successful COVID-19 vaccine. Moderna's opposition responds to a May 16 letter from the plaintiffs requesting reconsideration of previous limitations imposed by the court.
Moderna's Legal Arguments
In its filing, Moderna accused the plaintiffs of attempting to manipulate the legal process: "Plaintiffs are unabashedly making different factual representations under the guise of 'reconsideration' so that their case is not similarly limited," the company stated. Moderna further alleged that Arbutus and Genevant were reversing their previous positions in an effort to expand the scope of their claims.
The case highlights the complex intellectual property landscape surrounding COVID-19 vaccines, which were developed at unprecedented speed during the global pandemic. At stake are potentially significant royalty payments related to the lipid nanoparticle delivery technology that helps mRNA vaccines effectively deliver genetic material into cells.
Background on the Patent Dispute
Arbutus Biopharma has claimed that Moderna's COVID-19 vaccine utilizes lipid nanoparticle delivery technology covered by patents they own. This delivery system is crucial for protecting the fragile mRNA molecules and ensuring they reach their target cells intact.
The court had previously narrowed the number of patents Arbutus could assert in the case, a decision that Moderna argues should stand. The company contends that allowing Arbutus to expand its claims would unnecessarily complicate and prolong the litigation.
Implications for Vaccine Development
This legal battle represents one of several intellectual property disputes that have emerged in the wake of rapid COVID-19 vaccine development. Such disputes raise important questions about innovation incentives, fair compensation for foundational technologies, and the balance between patent protection and public health needs during global emergencies.
For Moderna, which has generated billions in revenue from its COVID-19 vaccine, the financial implications of potential royalty payments are significant. The company has maintained that its success stems from its own innovative work in mRNA technology development.
The Delaware federal court will now need to decide whether to grant Arbutus's request for reconsideration or maintain the current limitations on the case. The outcome could influence not only the specific royalty dispute but also set precedents for how similar intellectual property conflicts are handled in the pharmaceutical industry.
