Arbutus Biopharma (ABUS) issued statement regarding the claim construction ruling of the U.S. District Court for the District of Delaware in the lawsuit brought by Arbutus and its licensee Genevant Sciences against Moderna seeking damages for infringement of U.S. Patents in the manufacture and sale of MRNA-1273, Moderna's vaccine for COVID-19. Arbutus and Genevant Sciences are seeking fair compensation for Moderna's use of its patented LNP technology.
The Court agreed with plaintiffs' position that the claimed molar percentage ranges can be met by any particle and is not limited to finished particles that are not subjected to further process steps.
"We are pleased with how the Court construed the disputed claim terms," said Michael McElhaugh, Interim President and CEO of Arbutus Biopharma.
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