Arbutus patent case vs Moderna to proceed in Delaware; Section 1498 defense limited

Arbutus Biopharma Corp

Court denies Moderna's summary judgment on Section 1498 for most vaccine doses; only government employee doses go to Court of Federal Claims.
Prosecution history estoppel bars Arbutus from asserting doctrine of equivalents on molar ratio claims; literal infringement required.
Indefiniteness challenges dismissed; factual disputes on patent validity reserved for jury.
Case covers 500M+ doses of Moderna's COVID-19 vaccine; $8.2B in government spending referenced.

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