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Northwestern University in the United States is suing Moderna (MRNA.US) for patent infringement of its LNP technology in the COVID-19 vaccine

AInvestThursday, Oct 17, 2024 5:30 am ET
1min read

Northwestern University filed a new patent lawsuit against Moderna (NASDAQ: mRNA) on Wednesday in the U.S. District Court for the District of Delaware, alleging the company misappropriated the university's innovations to develop its blockbuster COVID-19 vaccine Spikevax.

The lawsuit claims Moderna used Northwestern's patented lipid nanoparticle (LNP) technology without permission to transport the fragile mRNA into the body for Spikevax.

A Moderna spokesperson said the company was aware of the lawsuit and would defend against these allegations. Lawyers and spokespeople for Northwestern did not immediately respond to requests for comment.

The lawsuit is part of a series of U.S. court cases involving the patent licensing of technologies used in COVID-19 vaccines, including Moderna's lawsuit against Pfizer (PFE) in 2022. On Tuesday, British drugmaker GlaxoSmithKline (GSK) sued Moderna in the same Delaware court, alleging the company misused GSK's LNP technology in its COVID-19 and respiratory syncytial virus (RSV) vaccines.

Northwestern said its researchers were the first to use LNPs to deliver mRNA to human cells in 2009 and 2010. The university's lawsuit claims Moderna's LNP in Spikevax works the same way as its patented technology.

The university's complaint says "without building on the technological breakthroughs of prior researchers, including Northwestern, Moderna would not have been able to achieve the rapid development of its vaccine."

Northwestern is seeking unspecified monetary damages for Moderna's infringement, including royalties. Moderna generated $6.7 billion in revenue from Spikevax last year.

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