Alnylam's Concedes Its Patent Infringement Case Against Moderna's COVID-19 Vaccine

Alnylam Pharmaceuticals, Inc. ALNY and Moderna, Inc. MRNA have reached a stipulation in their ongoing patent infringement litigation.

In 2022, Alnylam filed a patent infringement lawsuit against Moderna, claiming it violated a newly obtained patent.

The claim is over mRNA technology Moderna used in developing its COVID-19 vaccine, Alnylam says. 

In the lawsuits filed in U.S. District Court in Delaware, Alnylam said its newly granted patent covers the vaccine’s messenger-RNA delivery systems and violates an Alnylam patent on lipid nanoparticle (LNP) technology for delivering genetic material into human cells. 

However, after the court interpreted specific claim terms, Alnylam conceded that the formulation of Moderna’s accused products does not infringe upon its asserted patent claims.

The case, brought by Alnylam, alleged that Moderna’s products violated their patent rights, leading Moderna to assert affirmative defenses and counterclaims for declaratory judgments of non-infringement and invalidity.

The court has jurisdiction over the claim and counterclaims, guided by U.S. patent laws.

Based on the court’s claim construction, Alnylam acknowledged it couldn’t secure a favorable judgment regarding the accused products’ infringement of its patents.

The final stipulation allows for the entry of judgment in favor of Moderna, confirming that its currently formulated products do not infringe on Alnylam’s patents.

Both parties have agreed to dismiss the counterclaims and affirmative defenses raised by Moderna without prejudice, leaving the door open for further legal action if necessary in the future.

The stipulation is also without prejudice to either party’s rights in case of an appeal or remand, providing flexibility for potential developments.

In 2023, a U.S. appeals court affirmed a decision to cancel an Arbutus Biopharma Corp ABUS patent related to a legal fight over Moderna’s COVID-19 vaccine.

Price Action: ALNY stock is down 0.38% at $271.25, and MRNA stock is down 1.95% at $61.93 at last check Thursday.

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