Patent Valuation, Monetization and Investments

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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged Arbutus Biopharma
Can Moderna get the Government to pay for its patent liability to Arbutus or Alnylam?

As I previously blogged here and here, Moderna has been tagged with two patent-infringement lawsuits directed to its LNP technology for delivering its mRNA vaccine for Covid. Moderna has now lodged its first defense two each suit—and in each case, it’s the same. Moderna claims that both plaintiffs, including Arbutus/Genevant and Alnylam, have each sued the wrong party. Moderna contracted with the U.S. Government to provide the vaccine, and pursuant to that contract, Moderna claims that the Government agreed to bear the brunt of any residual patent liability. Will the Government have to pick up the tab for Moderna’s patent infringement?

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Why did Acuitas bring a patent lawsuit against Arbutus?

The LNP patent battle lines are being drawn. In the past several weeks, Arbutus has sued Moderna, Alnylam has suedboth Moderna and Pfizer, and in the latest, Acuitas Therapeutics has sued Arbutus and Genevant. What can we expect from the Acuitas lawsuit?

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Can Moderna beat Arbutus’ patent lawsuit for its LNP patents?

Arbutus has finally sued Moderna for allegedly infringing its LNP patents. I previously blogged about the Arbutus/Moderna patent dispute here, here and here. Arbutus has already defended the validity of two of its patents, which puts it case on strong footing. But Moderna may nevertheless have a targeted non-infringement defense that could neutralize Arbutus’ claim to any royalties on Moderna’s Covid vaccine.

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Is Moderna’s COVID-19 vaccine using Arbutus Biopharma’s patents?

We previously blogged about Moderna Therapeutics’ ($MRNA) ongoing patent dispute with Arbutus Biopharma ($ABUS). On July 23, 2020, Arbutus prevailed in Moderna’s third IPR challenge to one of its patents, the ‘069 patent. Given that Moderna’s COVID-19 vaccine candidate is currently one of the most promising, the question is, will Moderna’s vaccine infringe Arbutus’ patents?

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Does Moderna Therapeutics need to invalidate Arbutus Biopharma’s LNP patents?

We previously blogged about an ongoing patent fight between Moderna Therapeutics ($MRNA) and Arbutus Biopharma ($ABUS).  That fight could implicate whether Moderna’s pipeline depends upon technology that is patented by Arbutus.  Moderna has sought to invalidate three patents owned by Arbutus, and has so far met with mixed success.  Who is winning this fight?

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Does Moderna Therapeutics’ pipeline depend upon its patent dispute with Arbutus Biopharma over mRNA delivery?

Moderna is currently embroiled in an intellectual-property dispute that may be material to its long-term profits, regardless of which of the products in its pipeline eventually succeed.  At least one company, Arbutus Biopharma, has already claimed that Moderna’s tech uses its mRNA delivery technology.  Two pending patent disputes may decide whether Arbutus’ patents are a roadblock to Moderna’s revenue.

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