Arbutus Biopharma and Genevant Sciences are broadening the scope of their patent infringement claims against Moderna with five new international lawsuits.
It’s the latest development in a bitter patent feud in which Arbutus and Genevant, a joint venture between Arbutus and Roivant that holds the patents at hand, accuse Moderna of stepping on six patents.
The companies specifically claim that Moderna uses their patented lipid nanoparticle (LNP) delivery technology, which is key to ensuring mRNA doesn’t degrade in the body, in its COVID-19 vaccine Spikevax and its respiratory syncytial virus (RSV) vaccine mRESVIA, according to a Monday press release.
Moderna did not immediately respond to Fierce Pharma’s request for comment.
The companies filed one lawsuit each in Canada, Japan and Switzerland, and they submitted two to the Unified Patent Court (UPC). The actions seek injunctions and damages or royalties.
The two UPC actions seek relief for 28 countries including France, Germany, Greece, Italy, Ireland and Spain.
Arbutus and Genevant's U.S. case, filed in 2022, is heading for a jury trial in the U.S. District Court for the District of Delaware this September.
The companies have also sued Pfizer and its COVID vaccine partner BioNTech for allegedly using their LNP technology in the lucrative COVID vaccine Comirnaty.
Meanwhile, Pfizer, BioNTech and Moderna have been involved against one another after Moderna kicked off that fight in 2022. And last fall, GSK sued Moderna for allegedly stepping on its own lipid mRNA vaccine formulation technology.
Moderna has come out on top against Arbutus before. In 2023, the U.S. Court of Appeals for the Federal Circuit upheld a prior decision invaliding one of Arbutus' LNP patents, which isn’t involved in the COVID patent litigation.
Moderna collected $3.1 billion in 2024 Spikevax sales and $25 million from its newer mRESVIA. At its peak in 2022, Spikevax brought in $18.4 billion for the company.