Lessons From Moderna's COVID Vaccine Patent Dispute

By William Honaker (January 21, 2022, 4:54 PM EST) -- Moderna Inc. and the National Institutes of Health are caught in a legal tug of war.

The NIH claims that Moderna failed to add three of its scientists to Moderna's principal COVID-19 vaccine patent application. If the NIH is correct, it would co-own any issued patents on a very valuable technology; Moderna's 2022 vaccine sales are forecasted to be between $15 billion and $18 billion.

The NIH would also own an equal undivided interest in the patent, meaning it could do whatever it wishes with it. This would include licensing the patent to others and collecting royalties.

Interestingly, Moderna offered the...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!