So Moderna is the gov’t & the gov’t is Moderna?
US Says Government, Not Moderna, Should Face COVID-19 Vaccine Lawsuit
The U.S. government is asserting that it, not Moderna, should face a lawsuit that alleges the company committed patent infringement with its COVID-19 vaccine.
The government said the court should allow it to “relieve Moderna of any liability for patent infringement resulting in performance of the ’-0100 contract and to transfer to the United Statesany liability for the manufacture or use of the inventions claimed in the patents-in-suit resulting from the authorized and consented acts.”
Liability did not refer to an admission of patent infringement, the filing said, but “having legal responsibility for any acts that may constitute the alleged infringement.”
Arbutus Biopharma and Genevant Sciences sued Moderna in 2022 in federal court in Delaware, alleging Moderna in its vaccine used “breakthrough technology” that Arbutus had already created and patented.
Moderna later filed for dismissal, arguing that under federal law, any infringement claims relating to inventions being used “by or for the government” and with “the authorization and consent of the government” must be handled in the Court of Federal Claims.