ModernaTX, Inc. et al. v. Pfizer Inc. et al. (D. Mass. 22-cv-11378).

  • April 16, 2024

Moderna accused Pfizer and Biontech of infringing three patents relating to Covid vaccines, saying that the companies used Moderna’s patented technology to develop mRNA vaccines.  The Defendants sought inter partes review of two of the patents, which were both recently instituted by the PTO.  Judge Stearns has now granted the Defendants’ request to stay the litigation pending resolution of the IPR’s.  While the case is in a somewhat-advanced stage of litigation, with discovery closed and the claims construed, there remains considerable work prior to trial, including Daubert and dispositive motions.  Further, while one of the asserted patents is not subject to IPR, the resolution of the IPR’s on the other two should considerably simplify the issues – either with claims being cancelled or with them being upheld and the IPR estoppel precluding invalidity arguments that were or could reasonably have been raised in the IPR proceedings.  Finally, as Moderna does not seek injunctive relief, and as fact discovery has closed and depositions have already taken place, there is little risk of prejudice to Moderna by the stay.

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