The U.S. government should face a patent lawsuit over COVID-19 vaccines, not vaccine maker Moderna Inc , the Department of Justice told a Delaware federal court on Tuesday.
the Delaware court to dismiss Arbutus and Genevant's case in May, arguing it could only be brought against the government in the U.S. Court of Federal Claims. It cited a law that was previously used to keep patent disputes from interfering with the supply of war materials during World War One.
But U.S. District Judge Mitchell Goldberg said in November that Moderna had not yet shown that the vaccines were made for the government or with its authorization and consent under the law, and that it may have instead been an "incidental beneficiary" of the shots. The Department of Justice responded Tuesday that Moderna should not be liable based on its contract to provide the vaccines to the government as part of Operation Warp Speed.
It said the government's liability is limited to Moderna's alleged infringing activity that took place under its U.S. contract. The case is Arbutus Biopharma Corp v. Moderna Inc, U.S. District Court for the District of Delaware, No. 1:22-cv-00252.Blake BrittainBlake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets. Reach him at [email protected]
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