June 4 (Reuters) - Moderna ( MRNA ) convinced a U.S.
appeals court on Wednesday to uphold a ruling that undercut
patent infringement claims by biotech company Alnylam
Pharmaceuticals ( ALNY ) over Moderna's ( MRNA ) blockbuster COVID-19
vaccine Spikevax.
The U.S. Court of Appeals for the Federal Circuit upheld a
Delaware federal court's decision to interpret Alnylam's two
patents in a manner that foreclosed its infringement arguments.
Alnylam lost a similar dispute in a related Moderna ( MRNA ) case
last year. It has filed separate, ongoing patent lawsuits over
Pfizer's ( PFE ) COVID shots.
An Alnylam spokesperson said the company is reviewing the
Wednesday ruling and considering its options. A Moderna ( MRNA )
spokesperson said it was pleased with the decision and that its
vaccine was "a product of many years of pioneering mRNA platform
research and development."
Cambridge, Massachusetts-based Alnylam first sued Moderna ( MRNA )
and Pfizer ( PFE ) for patent infringement in 2022 for allegedly using
its lipid nanoparticle (LNP) technology in their vaccines to
deliver genetic material into the body. The lawsuits are part of
a web of patent disputes between biotech companies over COVID
shots, which includes a lawsuit filed by Moderna ( MRNA ) against Pfizer ( PFE )
later that year.
Moderna ( MRNA ) and Alnylam jointly agreed to dismiss Alnylam's
patent claims in the first case in 2023 after U.S. District
Judge Colm Connolly interpreted the patents to cover a type of
lipid that Spikevax did not have. A three-judge Federal Circuit
panel upheld Connolly's interpretation on Wednesday.
The case is Alnylam Pharmaceuticals Inc ( ALNY ) v. Moderna Inc ( MRNA ), U.S.
Court of Appeals for the Federal Circuit, No. 23-2357.
For Alnylam: Paul Hughes of McDermott Will & Emery
For Moderna ( MRNA ): Jeffrey Lamken of MoloLamken
Read more:
Alnylam files patent infringement lawsuits against Pfizer ( PFE ),
Moderna ( MRNA )
Alnylam to appeal ruling on patents related to Moderna's ( MRNA )
COVID vaccines
Moderna ( MRNA ) fends off Alnylam US patent lawsuit over COVID
shots, for now
(Reporting by Blake Brittain in Washington)