Super Settlement Spike - Above the Law

"One major exception to that concentration of interest around litigation inflection points - rather than a general interest for the lifespan of the case in its entirety - was the long-running dispute between Arbutus and Moderna, concerning Arbutus' patents on the lipid nanoparticle technology that allows for delivery of mRNA-based vaccines, including the COVID-19 vaccine known as Spikevax. Throughout, there was an expectation that the dispute could end up as of the most valuable patent assertions of all time, hence the constant interest."

"In fact, the dispute predated the pandemic, with Moderna's unsuccessful attempts to invalidate Arbutus' patents via IPR in the 2018/2019 timeframe, around the time of Moderna's blockbuster IPO, which valued the company at over $7.5 billion. It is safe to assume that Moderna's investors at the time never dreamed that the company would end up selling nearly $20 billion in COVID-19 vaccines in 2022 alone."

A significant patent settlement has concluded between Arbutus and Moderna regarding lipid nanoparticle technology essential for mRNA vaccine delivery, including COVID-19 vaccines. The dispute originated before the pandemic, with Moderna's failed IPR attempts in 2018-2019 during its $7.5 billion IPO. Moderna subsequently generated nearly $20 billion in COVID-19 vaccine sales in 2022 alone, making the underlying patent dispute extraordinarily valuable. The case maintained consistent investor interest throughout its lifespan, unlike typical high-value litigation that concentrates attention around key events like Markman hearings or trials. This settlement represents a conclusion to one of the most significant patent assertions ever recorded.

Read at Above the Law