Morrison Foerster Represented Arbutus in $2.25 Billion Global Settlement with Moderna

MoFo represented Arbutus in its $2.25 billion settlement with Moderna in litigation related to the delivery technology behind its Covid shot. Specifically, Arbutus and Genevant brought claims of patent infringement against Moderna’s Covid 19 vaccine, Spikevax. Arbutus and Genevant’s patents related to their pioneering work with and development of lipid nanoparticle (LNP) delivery technology, which enables the safe and effective delivery of nucleic acid therapies including mRNA vaccines.

As part of the settlement, Moderna will pay Genevant and Arbutus $950 million upfront in July 2026 and an additional $1.3 billion contingent upon an appellate ruling that 28 U.S.C. § 1498 (Section 1498) does not bar Genevant’s and Arbutus’ claims against Moderna for patent infringement, except as to doses characterized by the district court as having gone to U.S. government employees.

The MoFo team handled discovery for Arbutus, represented current and former Arbutus witnesses at depositions, argued at the claim construction hearing, and partnered with Genevant’s counsel in developing and implementing case strategy and preparing for trial.

MoFo represented the patent owner, Arbutus Biopharma, from the inception of the case. The MoFo team included Adam Brausa, Eric Wiener, Daralyn Durie, Jack Lane, Nate Tan, and Charles Provine. The exclusive licensee and co-plaintiff, Genevant Sciences, was represented by a team from Williams and Connolly LLP led by David Berl and Adam Harber.

See Arbutus press release for more details.