(Reuters) - Shares of Moderna ( MRNA ) fell 4% on Wednesday after a U.S. judge issued an order that strengthened Arbutus' arguments in a patent infringement lawsuit related to Moderna's ( MRNA ) blockbuster COVID-19 vaccines.
In a so-called "claim construction order", U.S. District Judge Mitchell Goldberg interpreted parts of the patents in ways that strengthened Arbutus' case, rejecting Moderna's ( MRNA ) proposed definitions.
The order is relevant in determining whether Moderna's ( MRNA ) vaccines are covered by Arbutus' patented technology.
Shares of Moderna ( MRNA ) fell 4.6% to $98.81, while Arbutus shares rose more than 15% to $2.91 in afternoon trading.
The lawsuit, which was filed in 2022, has Arbutus seeking damages for infringement of U.S. patents related to Moderna's ( MRNA ) COVID-19 vaccine.
Arbutus said it developed the so-called lipid nanoparticles (LNP) that enclose the vaccine's mRNA payload, the patents related to which were licensed to Genevant Sciences, a joint venture between Arbutus and Roivant Sciences Ltd. ( ROIV )
The technology is used to deliver RNA to target cells without being attacked by the body's immune system.
A trial in the case is currently set to begin next April.