Moderna Says COVID-19 Vax Patent Suit Should Be Tossed

By Hailey Konnath (May 6, 2022, 11:48 PM EDT) -- Moderna Inc. on Friday urged a Delaware federal court to throw out a lawsuit accusing it of infringing the patents of a rival mRNA developer with its COVID-19 vaccine, arguing that the claims should be filed against the federal government, not Moderna.

In a motion to dismiss, Moderna denies infringing patents held by Pennsylvania drug developer Arbutus Biopharma Corp. but adds that, in any event, those claims can only proceed against the government in the Court of Federal Claims. That's because Moderna supplied the vaccine to the U.S. government as part of a national emergency response, it argues.

Under its contract with...

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