Arbutus Biopharma Announces Claim Construction Ruling in Patent Lawsuit Against Moderna

Arbutus Biopharma Corp

Court agreed with Arbutus and Genevant that the claimed mol. % ranges for total lipid ('069 patent) are not limited to 'finished' particles and include standard variation.
Court held no limitation on mol. % of the claimed cationic lipid with protonatable tertiary amine ('378 patent) as argued by plaintiffs.
Court construed 'fully encapsulated' mRNA ('651 patent) to mean mRNA wholly contained inside lipid vesicles, distinct from partial encapsulation.
Arbutus and Genevant seek fair compensation for Moderna's use of LNP technology in its COVID-19 vaccine MRNA-1273 without which the vaccine would not have succeeded.
Michael J. McElhaugh, Interim CEO, stated the company is pleased with the ruling and remains committed to protecting its intellectual property.

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