Arbutus Shares Rise Moderna’s Fall After Patent Appeal Denied

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Investing.com — Moderna Inc (NASDAQ:MRNA) shares fell Wednesday after the company lost an appeal on a patent ruling involving Arbutus Biopharma Corp (NASDAQ:ABUS). 

The U.S. Court of Appeals for the Federal Circuit affirmed the Appeals Board and Patent Trial decisions regarding two Arbutus patents concerning drug-delivery technology. Accordingly, the court dismissed Moderna’s appeal for “lack of standing.” The decision, which upholds last year’s ruling, means Moderna could now face a patent infringement lawsuit.

Moderna shares are down over 8.6%, while Arbutus shares have almost doubled, currently up 90%.

One of the two patents involved is the 435 patent, which is shown to “stable nucleic acid-lipid particles comprising a nucleic acid, methods of making SNALP, and methods of delivering and/or administering the SNALP.”

Moderna has previously said that if the claims were upheld, Arbutus could use a lawsuit to demand royalties for the Moderna Covid-19 vaccine.