Arbutus ‘pleased’ with claim construction ruling in patent infringement suit

Arbutus Biopharma (ABUS) issued the following statement regarding the claim construction ruling of the U.S. District Court for the District of Delaware in the lawsuit brought by Arbutus and its licensee Genevant Sciences against Moderna, (MRNA) and a Moderna affiliate seeking damages for infringement of U.S. Patent Nos. 8,058,069, 8,492,359, 8,822,668, 9,364,435, 9,504,651, and 11,141,378 in the manufacture and sale of MRNA-1273, Moderna’s vaccine for COVID-19. The following summarizes the Court’s Opinion: Composition of Total Lipid: The Court agreed with Plaintiffs’ position that the claimed molar percentage ranges can be met by any particle and is not limited to “finished” particles that are not subjected to further process steps. The Court agreed with Plaintiffs’ position that the claimed mol. % ranges include standard variation based on the number of significant figures recited in the claim. Cationic Lipid with Protonatable Tertiary Amine: The Court agreed with Plaintiffs’ position that there is no limitation as to the mol. % of the claimed cationic lipid. Encapsulation of mRNA: The Court held that “wherein at least 70% / at least 80% / about 90% of the mRNA in the formulation is fully encapsulated in the lipid vesicles” means “wherein at least 70% / at least 80% / about 90% of the mRNA is fully, as distinct from partially, contained inside the lipid vesicles”. “We are pleased with how the Court construed the disputed claim terms,” said Michael J. McElhaugh, Interim President and CEO of Arbutus Biopharma. “We remain committed to protecting and defending our intellectual property and look forward to the next steps in the litigation.”