In a significant escalation of intellectual property disputes in the pharmaceutical industry, Genevant Sciences and Arbutus Biopharma Corporation have launched a coordinated international legal campaign against Moderna, Inc., filing five patent infringement lawsuits across multiple jurisdictions. The actions target Moderna's alleged unauthorized use of their pioneering lipid nanoparticle (LNP) delivery technology in products including Spikevax® and mRESVIA®.
Patent Enforcement Actions Span Global Markets
The comprehensive legal strategy encompasses 30 countries through strategic filings in key jurisdictions. The companies have initiated proceedings in the Federal Court of Canada, Tokyo District Court, Swiss courts, and two separate actions in the Unified Patent Court (UPC). These international actions complement their ongoing U.S. litigation, where a jury trial is scheduled for September 2025 in the District of Delaware.
Laboratory analysis of commercial Moderna products, sourced from both U.S. and European markets, reportedly indicates the presence of LNPs that fall within the scope of Genevant and Arbutus's patent claims. The companies are pursuing various forms of relief, including permanent injunctions and monetary compensation, which may include profit accounting, damages, or reasonable royalties depending on the jurisdiction.
Critical Technology at the Heart of Dispute
The contested LNP technology represents a crucial breakthrough in mRNA medicine delivery. The system utilizes microscopic particles constructed from four specifically selected fat-like molecules, designed to protect mRNA molecules during their journey through the human body to target cells. This delivery mechanism is essential for preventing mRNA degradation and ensuring therapeutic effectiveness.
"The most significant technological hurdle to developing and deploying medicines using mRNA is engineering a safe and effective way to deliver the mRNA to human cells," explained representatives from the companies. The technology has been successfully licensed to various third parties, highlighting its commercial significance in the pharmaceutical industry.
Broad International Reach
The UPC actions alone cover an extensive territory including major European markets such as Germany, France, Italy, and Spain, along with numerous other European nations. The filing in Canada (Federal Court File No. T-704-25) seeks both permanent injunction and damages, while the Japanese action (Case No. 2025 (Wa) 70079) pursues similar remedies for patent infringement.
Market Impact and Industry Implications
This coordinated international enforcement campaign represents one of the most comprehensive patent disputes in the mRNA therapeutics field. The outcome could have significant implications for the future development and commercialization of mRNA-based medicines, potentially affecting market dynamics and licensing practices in the pharmaceutical industry.
