In a legal battle concerning patent rights over vaccine development, Arbutus Biopharma (ABUS) and Genevant Sciences GmbH have accused Moderna Inc. of infringing on their patents during the U.S. Government's Operation Warp Speed. The companies claim Moderna used their patented technology in the rush to create a COVID-19 vaccine, allegedly breaching patent law. Moderna contends that since their development was government-directed, the claims should be addressed by the Court of Federal Claims. Additionally, Moderna challenges the validity of Arbutus's patents and their ability to pursue claims under the doctrine of equivalents.
The judge determined that most issues fall under the current court's jurisdiction and ruled that a jury must evaluate the validity of some patent claims. However, it was noted that Arbutus's doctrine-of-equivalents claims, specifically relating to molar ratios, are barred. For Arbutus to prevail, they must demonstrate literal infringement. This ongoing litigation underscores the complexities of patent laws in high-speed medical advancements.
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