US biotech Moderna (Nasdaq: MRNA) has failed to dodge a patent lawsuit relating to its COVID-19 vaccine.
The mRNA company tried to persuade a federal judge that it should not have to face the suit, but rather that the US government should have to face the music.
This was a point of view that the government actually agreed with, but the judge did not as he ruled for a second time that Moderna should have to front up.
The case was brought by Arbutus Biopharma (Nasdaq: ABUS), a Canadian specialist in liposomal drug delivery and RNA interference, and Genevant Sciences, a tech-focused nucleic acid delivery company.
They sued Moderna in 2022, seeking royalties from sales of the SpikeVax jab that has earned the company billions since 2021.
The government’s support for Moderna, saying that it should not be liable for jabs provided under the Operation Warp Speed contract, did not sway Judge Mitchell Goldberg, who said that a ruling must be based on developed facts and not on the ‘government’s say-so’.
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