Arbutus Biopharma's European Patent Revoked

Arbutus Biopharma (ABUS) disclosed on Friday that the Board of Appeal of the European Patent Office revoked the company's European patent EP 2279254. "This verbal decision, provided without reasons, was rendered in connection with Notices of Opposition to the '254 Patent originally filed by affiliates of Moderna Therapeutics, Inc. Merck, Sharp & Dohme Corporation in April 2018, and follows two prior decisions by the EPO's Opposition Division upholding an amended version of the '254 Patent. A written decision is expected in the next few months," Arbutus said in a regulatory filing. Arbutus "disagrees" with the outcome, and upon receipt of the written decision, plans to file a petition for review by the Enlarged Board of Appeal of the European Patent Office. The decision is likely to affect the case brought by the company and its licensee Genevant Sciences against Moderna (MRNA) in Switzerland and one of two cases brought by the company and Genevant against Moderna in the Unified Patent Court in which the '254 Patent is asserted, Arbutus added. The company does not expect the decision to have an impact on the potential outcome, of its patent infringement litigation pending against Moderna in the United States, Japan or Canada.