Alnylam to appeal court ruling on patent claims against Moderna

Aug. 29, 2023

Alnylam Pharmaceuticals, an RNAi therapeutics company, issued an update last week on its ongoing patent infringement litigation against Moderna.

In a recent development, Alnylam revealed that the Delaware Court's ruling clarified specific claim terms in two of its patents, resulting in an agreement with Moderna that these patents were not infringed. Consequently, both Alnylam and Moderna have mutually agreed to a final judgment of non-infringement for these patents. HoweverAlnylam stated that it would be appealing the decision. Alnylam has another patent infringement case against Moderna, which is still ongoing. 

The company first took legal action against Moderna in March of last year, alleging patent infringement concerning Moderna's COVID-19 Vaccine, Spikevax, specifically the use of lipid nanoparticles technology for vaccine delivery. To date, Alnylam has pursued compensation for five patents allegedly infringed by Moderna.

Alnylam has filed claims against Pfizer, asserting that the drugmaker violated six of Alnylam's patent in its COVID-19 vaccine, Comirnaty. Throughout the legal proceedings, Alnylam has remained unwavering in its belief in the merits of its cases against both companies. 

Other companies, like Arbutus Biopharma and Genevant Sciences, have also taken Moderna to court, claiming the drugmaker misused patented technology to create a COVID-19 vaccine in “record time.”