Genevant and Arbutus Launch Global Patent Infringement Battle Against Moderna

Genevant Sciences and Arbutus Biopharma have initiated international patent infringement enforcement actions against Moderna, alleging that the latter's COVID-19 vaccine, Spikevax, infringes upon their patents related to lipid nanoparticle (LNP) delivery technology. The companies have filed lawsuits in multiple countries, seeking monetary relief and injunctions against the vaccine.

The lawsuits target 30 countries, including the United States, Germany, Japan, and Switzerland. The companies are seeking damages and injunctions against Spikevax and, where applicable, additional Moderna products that use the same LNP technology. Genevant and Arbutus have submitted evidence from testing of commercial Moderna product samples sourced from the U.S. and Europe, indicating that the samples contain LNPs falling under the protective scope of the claims of their lipid composition patents.

The companies argue that Moderna used their "revolutionary" LNP delivery platform without payment or a license. Arbutus' president and CEO, William Collier, stated, "Arbutus and its licensee Genevant do not seek an injunction or otherwise seek to impede the sale, manufacture, or distribution of MRNA-1273. However, we seek fair compensation for Moderna's use of our patented technology that was developed with great effort and at great expense, without which Moderna's COVID-19 vaccine would not have been successful."

Moderna, on the other hand, believes that its Spikevax technology, including its proprietary lipid nanoparticle delivery system, is the result of its independent research and development. A company spokesperson noted, "We are confident in our position and look forward to presenting our case at trial next year. We have a strong belief that we did not step on the patents in question."

The outcome of this patent infringement case could have significant implications for the future development and licensing of LNP technology in the biotech industry. If Genevant and Arbutus are successful, they may be able to negotiate licensing agreements with other companies looking to develop mRNA vaccines or therapies, generating additional revenue streams and providing access to their proven LNP technology. Conversely, if Moderna is found not to have infringed on the patents, Genevant and Arbutus may face legal costs and potential damages for bringing a frivolous lawsuit.

The financial implications for all parties involved could be substantial, considering the revenue generated by the COVID-19 vaccine and the cost of developing and licensing LNP technology. Moderna generated $18.4 billion in revenue from Spikevax in 2022 and $17.7 billion in 2021. If Genevant and Arbutus are successful in their lawsuit, they could be entitled to royalties or damages from the sales of Spikevax, potentially resulting in significant financial implications for all parties involved.