Alnylam to appeal ruling on patents related to Moderna's COVID vaccines

[August 26, 2023]  (Reuters) -Alnylam Pharmaceuticals said on Friday it plans to appeal a ruling by the U.S. District Court for the District of Delaware on two patents asserted against Moderna for the latter's COVID-19 vaccine Spikevax.

Cambridge, Massachusetts-based Alnylam sued both Moderna and Pfizer Inc in Delaware last year, seeking royalties for the lipid nanoparticle (LNP) technology their vaccines use to deliver genetic material known as mRNA.

The cases are part of a wave of patent lawsuits that have been filed over technology used in the COVID-19 shots, including one filed by Moderna against Pfizer last year.

While Alnylam and Moderna have jointly agreed to final judgment over the non-infringement of two patents, Alnylam said it disagrees with the court's ruling.

Alnylam anticipates its second action against Moderna for infringement will move forward in the Delaware Court.

A vial of the Moderna coronavirus disease (COVID-19) booster vaccine targeting BA.4 and BA.5 Omicron sub variants is pictured at Skippack Pharmacy in Schwenksville, Pennsylvania, U.S., September 8, 2022. REUTERS/Hannah Beier/File photo

Moderna did not immediately respond to a request for comment.

The Delaware court's ruling did not impact the company's infringement contentions in its two separate suits against Pfizer, Alnylam said.

(Reporting by Khushi Mandowara and Leroy Leo in Bengaluru; Editing by Krishna Chandra Eluri)

[© 2023 Thomson Reuters. All rights reserved.]This material may not be published, broadcast, rewritten or redistributed.  Thompson Reuters is solely responsible for this content.