Moderna loses US government license defense in Northwestern patent case
MRNA•A Delaware federal judge rejected Moderna’s argument that a US government license to patents from federally funded research shields it from Northwestern University’s infringement allegations. The court did not rule on the infringement claims or some of Moderna’s other defenses.
1. License defense rejected
US District Judge Campbell Barker ruled that the Bayh-Dole Act does not create a defense for non-government parties like Moderna. The case concerns vaccines Moderna sold to the US government.
2. Patent claims continue
Northwestern sued Moderna in 2024, alleging the company misused its lipid nanoparticle technology in vaccines including Spikevax. The court has not ruled on Northwestern’s infringement claims or Moderna’s argument that Northwestern must sue the federal government over the shots sold to it. Northwestern said its researchers pioneered using lipid nanoparticles to deliver mRNA into human cells in 2009 and 2010.
