3. Runde :-)
MODERNA THERAPEUTICS INC v. ARBUTUS BIOPHARMA. COPORATION.
Wednesday, April 22, 2020. 1:00 PM (EDT).
".....in connection with this settlement, in a February 22, 2018 press release, Arbutus stated:
“The settlement stipulates that the four non-exclusive viral vaccine sublicenses
previously granted to Moderna are the only sublicenses to survive.
These four sublicenses, previously granted by Acuitas to Moderna under the pre-April 15,
2010 Arbutus LNP patent families, are each limited to a specific viral target.
Moderna has no other rights to Arbutus’ broad suite of LNP intellectual property.”
Right around that time, Moderna began challenging the validity of patents owned by Arbutus that appear to cover its LNP technology. On February 21, 2018, Moderna filed a petition for inter partes review (IPR) against Arbutus’ U.S. Patent No. 9,404,127. On March 5, 2018, Moderna filed another IPR against Arbutus’ U.S. Patent No. 9,364,435. And on January 9, 2019, Moderna filed a third IPR against Arbutus’ U.S. Patent No. 8,058,069.
Two of those IPRs have now reached final decisions, and the third remains pending. In the first IPR against the ‘127 patent, Moderna prevailed. On September 10, 2019, the PTAB issued a Final Written Decision that invalidated all claims of the patent. In the second IPR against the ‘435 patent, Moderna had mixed results. On September 11, 2019, the PTAB issued a Final Written Decision that invalidated some of the claims (1–6, 9, 12, 14, and 15), but upheld the validity of other claims (7, 8, 10, 11, 13, or 16–20)....."
Anm.: meiner Meinung (!!) nach versucht Moderna evtl. theoretischen Meilensteinzahlungen an Arbutus ...... nett ausgedrückt, "offensiv vorzubeugen" und verklagten ABUS zum 3. Thema.
Warum nur warum nur. -- So erfolgreich mit der "ausgeliehenen" ABUS-Technologie ?