A Billion-Dollar Resolution

Moderna has agreed to pay $950 million to settle a protracted patent dispute with Arbutus Biopharma and Roivant Sciences' subsidiary Genevant over technology used in its blockbuster COVID-19 vaccine. The settlement resolves one of the most closely watched intellectual property battles in the pharmaceutical industry, centering on lipid nanoparticle (LNP) delivery technology that was critical to making mRNA vaccines viable.

The payment, made entirely upfront, reflects the significance of the underlying technology and the potential financial exposure Moderna faced had the case proceeded to trial. LNP technology is the delivery mechanism that encapsulates fragile mRNA molecules and enables them to enter human cells, a process without which mRNA vaccines would not function. The dispute over who owns the fundamental patents on this technology has been ongoing for years.

The Patent Dispute

At the heart of the case are patents held by Arbutus and licensed to Genevant covering specific formulations of lipid nanoparticles used to deliver nucleic acid therapies. Arbutus argued that Moderna's COVID-19 vaccine, Spikevax, used LNP technology that fell within the scope of these patents, and that Moderna had not obtained proper licenses before commercializing the vaccine.

Moderna initially challenged the validity of the Arbutus patents through inter partes review proceedings at the US Patent and Trademark Office, seeking to have them invalidated. While Moderna succeeded in narrowing some patent claims, the core patents survived, leaving the company exposed to infringement claims as Spikevax generated tens of billions of dollars in revenue during the pandemic.

The $950 million settlement, while substantial in absolute terms, represents a fraction of the revenue Moderna earned from Spikevax. The vaccine generated over $18 billion in revenue in 2022 alone at the peak of global vaccination campaigns, making the settlement amount arguably favorable from Moderna's perspective compared to what a court might have awarded in damages.