Moderna, racing to develop a vaccine for Covid-19, lost a key patent decision Thursday, one that could delay the company’s progress or force it to hand over a cut of profits.
The U.S. Patent and Trademark Office denied Moderna’s claim that a patent held by a rival company was invalid. The patent, which covers technology used to deliver messenger RNA treatments, is held by the Canadian firm Arbutus.
That sets up a situation in which Arbutus might file for an injunction that, if successful, would block Moderna from selling its Covid-19 vaccine, which is expected to enter a Phase 3 trial this month. It might also lead Moderna to negotiate a license agreement in exchange for royalties, which, if the company’s vaccine becomes the multibillion-dollar product Wall Street expects, could bring in hundreds of millions of dollars for Arbutus.
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