Delaware Judge Dismisses Key Defenses in Moderna Patent Case
Written by Emily J. Thompson, Senior Investment Analyst
Updated: 1 day ago
0mins
Should l Buy MRNA?
Source: seekingalpha
- Patent Defense Dismissed: Delaware Judge Joshua Wolson has dismissed two key defenses raised by Moderna in its ongoing patent litigation against Arbutus Biopharma, particularly the defense based on obviousness, stating that Moderna failed to raise these claims in prior inter partes review, thus barring them from asserting them in this case.
- Impact of IPR Estoppel: The judge emphasized that IPR estoppel prevents defendants from raising obviousness claims made in an IPR proceeding, which Moderna already lost, further weakening its position in the litigation.
- Issue Preclusion Defense Fails: Moderna's other defense, based on issue preclusion, argued that the patent subject matter was not actually invented by Arbutus; however, the judge noted that Moderna failed to demonstrate prior conception by another, with its own expert conceding that an Arbutus scientist encapsulated mRNA in lipid nanoparticles before Moderna did.
- Enablement Defense Allowed: Despite facing significant setbacks, the judge has allowed Moderna's enablement defense to proceed, asserting that enablement ensures adequate disclosure of the claimed invention and prevents claims broader than what is disclosed, potentially providing Moderna with a continued avenue for defense.
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Analyst Views on MRNA
Wall Street analysts forecast MRNA stock price to fall
20 Analyst Rating
1 Buy
16 Hold
3 Sell
Hold
Current: 46.600
Low
17.00
Averages
32.47
High
63.00
Current: 46.600
Low
17.00
Averages
32.47
High
63.00
About MRNA
Moderna, Inc. is a biotechnology company. The Company is advancing a new class of medicines made of messenger ribonucleic acid (mRNA). It is developing therapeutics and vaccines for infectious diseases, immuno-oncology, rare diseases and autoimmune diseases. mRNA medicines are designed to direct the body’s cells to produce intracellular, membrane or secreted proteins that have a therapeutic or preventive benefit with the potential to address a spectrum of diseases. The Company’s diverse development pipeline consists of 44 therapeutic and vaccine programs, 11 of which are in late-stage development. Its commercial products include Spikevax (its COVID vaccine) and mRESVIA (its respiratory syncytial virus (RSV) vaccine). Additionally, it has achieved four positive Phase III data readouts for its COVID vaccine (mRNA-1283), its RSV vaccine for high-risk adults aged 18 to 59 (mRNA-1345), its seasonal flu+COVID vaccine (mRNA-1083), and its seasonal flu vaccine (mRNA-1010).
About the author
Emily J. Thompson
Emily J. Thompson, a Chartered Financial Analyst (CFA) with 12 years in investment research, graduated with honors from the Wharton School. Specializing in industrial and technology stocks, she provides in-depth analysis for Intellectia’s earnings and market brief reports.
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- Revised Application Pathway: During a Type A meeting with the FDA, Moderna proposed an amended biologics license application (BLA) that includes an age-dependent regulatory pathway and a post-marketing requirement for additional trials in older adults, demonstrating the company's commitment to regulatory compliance.
- Market Expectations: Moderna plans to launch mRNA-1010 for adults aged 50 and older in the 2026/2027 flu season, a strategy that not only addresses the demand for flu vaccines among the elderly but also has the potential to enhance the company's market share and brand influence.
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