Sept 18 (Reuters) - Moderna ( MRNA ) has settled related
lawsuits that accused it of misusing Alnylam Pharmaceuticals' ( ALNY )
patented technology in its COVID-19 vaccines, according
to filings on Thursday in Delaware federal court.
The companies told the court that they had resolved their
dispute and asked to dismiss Alnylam's claims with prejudice,
which means they cannot be refiled. A spokesperson for Alnylam
confirmed the settlement but declined to comment or provide
further details.
Spokespeople for Moderna ( MRNA ) did not immediately respond to a
request for comment and more information on the agreement.
The cases were part of a web of patent lawsuits brought by
biotech companies against COVID-19 vaccine makers Moderna ( MRNA ),
Pfizer ( PFE ) and BioNTech over technology in their
shots. Moderna ( MRNA ) has sued Pfizer ( PFE ) and BioNTech for patent
infringement in a separate ongoing case.
Cambridge, Massachusetts-based Alnylam first sued Moderna ( MRNA )
for patent infringement in 2022, alleging its vaccines used
Alnylam's lipid nanoparticle (LNP) technology to deliver genetic
material into the body.
Alnylam requested a share of royalties from Moderna's ( MRNA )
COVID-19 vaccine Spikevax. Moderna ( MRNA ) said in a company report that
it earned $3.1 billion in revenue last year, most of which was
from Spikevax sales.
Moderna ( MRNA ) denied Alnylam's infringement allegations and argued
that the patents were invalid.
A U.S. appeals court upheld a ruling for Moderna ( MRNA ) by Delaware
U.S. District Judge Colm Connolly in June. Connolly also ruled
against Alnylam in another case against Moderna ( MRNA ) last year.
Alnylam has also filed separate ongoing patent lawsuits over
Pfizer ( PFE ) and BioNTech's COVID-19 shots. Connolly ruled against
Alnylam in that dispute earlier this year.
The cases are Alnylam Pharmaceuticals Inc ( ALNY ) v. Moderna Inc ( MRNA ),
U.S. District Court for the District of Delaware, Nos.
1:22-cv-00335 and 1:23-cv-00580.
For Alnylam: Ethan Townsend, William Gaede, Sarah Columbia,
Sarah Fischer and Ian Brooks of McDermott Will & Emery
For Moderna ( MRNA ): Betsy Flanagan, Chad Shear, Geoff Biegler, Liz
Stameshkin and Dean Fanelli of Cooley
Read more:
Alnylam files patent infringement lawsuits against Pfizer ( PFE ),
Moderna ( MRNA )
Moderna ( MRNA ) fends off Alnylam US patent lawsuit over COVID
shots, for now
US appeals court sides with Moderna ( MRNA ) on COVID patent claims
(Reporting by Blake Brittain in Washington)