Genevant, Arbutus initiate patent infringement actions against Moderna

Genevant Sciences and Arbutus Biopharma (ABUS) filed five international lawsuits seeking to enforce patents protecting their innovative LNP technology against Moderna (MRNA) and certain affiliates. Together, the enforcement actions target alleged infringing activities in 30 countries. Genevant and Arbutus are seeking monetary relief and injunctions against Spikevax and, where applicable, additional Moderna products that Moderna has represented use the same LNP technology, including mRESVIA. Where permitted to do so at this stage, Genevant and Arbutus submitted evidence from testing of commercial Moderna product samples sourced from the U.S. and Europe indicating that the samples contain LNPs falling under the protective scope of the claims of their lipid composition patents. The cases are: Canada: Federal Court of Canada File No. T-704-25, seeking a permanent injunction and damages or, if Genevant so elects, an accounting of Moderna’s profits, attributable to infringement of Canadian Patent No. 2,721,333. Japan: Tokyo District Court Case No. 2025 70079, seeking a permanent injunction and reasonable royalty for infringement of Japanese Patent No. 5,475,753. Switzerland: filing a case seeking a permanent injunction and monetary relief, which upon later choice of Genevant and Arbutus can include surrender of profits, damages or a reasonable royalty, for infringement of EP 2 279 254. Unified Patent Court: Case 10280/2025, seeking permanent and provisional injunctions, as well as monetary damages, which can include recovery of Moderna’s unfair profits, from infringement of EP 2 279 254. UPC: Case 10284/2025, seeking permanent and provisional injunctions, as well as monetary damages, which can include recovery of Moderna’s unfair profits, from infringement of EP 4 241 767. The UPC actions together seek relief for: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, Slovenia, Spain, Sweden, Switzerland/Liechtenstein, and Turkey. Today’s actions expand on Arbutus and Genevant’s ongoing enforcement proceeding in the U.S. District Court for the District of Delaware, seeking fair compensation for Moderna’s alleged infringement of six U.S. patents in the manufacture and sale of Spikevax. A jury trial is currently scheduled for September 2025.