News & Analysis as of August 29, 2025

Pharmaceutical Patents

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UK Court of Appeal Upholds Moderna mRNA Patent Against Pfizer/BioNTech

Goodwin on 8/15/2025

On August 1, 2025, a UK Court of Appeal upheld the validity of Moderna’s European Patent No. 3,590,949 (“EP’949”) in a dispute with Pfizer and BioNTech. The decision affirmed a July 2024 UK High Court ruling finding that...more

Latest Federal Court Cases - May 2024 #3

Schwabe, Williamson & Wyatt PC on 5/21/2024

Copan Italia SPA v. Puritan Med. Prods. Co. LLC, Appeal No. 2022-1943 (Fed. Cir. May 14, 2024) The Federal Circuit’s only precedential opinion concerning a patent case this week had nothing to do with patent law....more

The State of Biosimilars in 2023

Venable LLP on 3/17/2023

It has been 13 years since the Biologics Price Competition and Innovation Act (BPCIA) was enacted and biosimilars had a pathway to enter the U.S. market. While there have been challenges over this time, the U.S. biosimilar...more

Arbutus and Genevant Sue Moderna in First Significant Patent Infringement Lawsuit in the mRNA Space

Rothwell, Figg, Ernst & Manbeck, P.C. on 3/28/2022

In the first major patent infringement lawsuit in the mRNA space, on February 28, 2022, Arbutus Biopharma Corporation (“Arbutus”) and Genevant Sciences GmbH (“Genevant”) sued Moderna, Inc. and ModernaTX, Inc. (collectively...more

Last Week in the Federal Circuit (November 29 - December 3): COVID-19 Vaccine Patents at the PTAB

Morrison & Foerster LLP - Federal Circuitry on 12/8/2021

Last week the Federal Circuit was gearing up for its December argument sitting, but the Court still found time to issue several decisions. Below we provide our usual weekly statistics and our case of the week—our highly...more

The mRNA Patent and Competitive Landscape: Pioneers, Litigation Outlook and Big Pharma’s Next Moves (Part III)

Rothwell, Figg, Ernst & Manbeck, P.C. on 5/10/2021

In Part I of this series providing a summary of the mRNA IP and competitive landscape through one year of the COVID-19 pandemic, we focused on market players BioNTech, Moderna and CureVac; in Part II, we discussed Translate...more

COVID-19 Vaccine Leader Moderna “Not Aware of Any Significant Intellectual Property Impediments” in Development of its Vaccine...

Rothwell, Figg, Ernst & Manbeck, P.C. on 11/16/2020

Moderna, one of the global leaders in developing a safe and effective vaccine to combat COVID-19, appears poised to get through clinical trials with a vaccine that is based on mRNA technology. As was recently announced,...more

Breaking Down Moderna’s COVID-19 Patent Pledge: Why Did They Do It?

Rothwell, Figg, Ernst & Manbeck, P.C. on 11/10/2020

Last month, Moderna Therapeutics, one of the global leaders in the race to produce a COVID-19 vaccine, made the following statement regarding enforcement of its patents: We feel a special obligation under the current...more

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Coronavirus/COVID-19 › Inter Partes Review (IPR) Proceeding › Pharmaceutical Patents

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