Moderna Inc. has faced a setback in its efforts to transfer liability for alleged patent infringement regarding its COVID-19 vaccine from the company to the U.S. government. The ruling came from a Delaware federal magistrate who refused Moderna’s request, opting to hold the company responsible for its actions.
Chief Judge Colm Connolly presided over the case and delivered the decision in favor of Alnylam Pharmaceuticals Inc., a biopharmaceutical company. The ruling was made after the court heard arguments from both parties, but no specific reasoning was provided at the time of the proclamation.
This is not the first time Moderna has sought to avoid responsibility in vaccine patent lawsuits. In a separate case involving a different vaccine patent dispute, another Delaware judge denied Moderna’s comparable motion. The cases are part of a larger pattern of patent litigation filed against COVID-19 vaccine technology.
The lawsuit filed by Alnylam last year targeted both Moderna and Pfizer Inc., with the intention of seeking royalties for the use of lipid nanoparticle (LNP) technology. LNPs are instrumental in delivering genetic material (mRNA) in their respective vaccines. The technology has been a critical component in the development and distribution of mRNA-based COVID-19 vaccines.
Moderna attempted to shift the burden of damages by arguing that Alnylam should direct its legal action towards the U.S. government instead of the company. The basis for this argument was a law previously utilized during World War I to prevent patent disputes from disrupting the supply of war materials. However, this line of reasoning was rejected by the courts.
The company had previously employed the same argument in a separate patent litigation case brought forth by Arbutus Biopharma Corp and Genevant Sciences GmbH. However, U.S. District Judge Mitchell Goldberg also dismissed this argument, asserting that the government’s role in these cases was merely that of an “incidental beneficiary” rather than a liable party.