'Star Trek'-Citing Judge Rules Moderna Must Face $5B Vax IP Suit

By Editorial Team

A federal judge has ruled that Moderna Inc. must proceed to trial in Delaware to defend against a $5 billion patent infringement lawsuit filed by a rival mRNA vaccine developer. The judge's decision, invoking a reference to "Star Trek" in the summary judgment order, leaves key issues such as patent validity to be determined by a jury.

The lawsuit, which centers around Moderna's COVID-19 vaccines, alleges infringement of several patents related to lipid formulations for nucleic acid delivery. The judge's ruling means that Moderna will have to address the claims brought by the competitor at trial.

Legal experts anticipate that the trial in Delaware will be closely watched by the pharmaceutical and biotech industries, given the significant financial stakes involved in the case. The outcome of the trial could have far-reaching implications for the future of mRNA vaccine development and intellectual property rights in the field.

Both Moderna Inc. and the plaintiff, Arbutus Biopharma Corp., are being represented by prominent law firms, including Goodwin Procter, Kirkland & Ellis, Morris Nichols, Morrison & Foerster, Shaw Keller, Sullivan & Cromwell, and Williams & Connolly.

The case is being heard in the U.S. District Court for the District of Delaware, with Judge Mitchell S. Goldberg presiding over the proceedings.

For more updates on this developing legal battle and other key industry news, subscribe to Law360 for comprehensive coverage and expert analysis.