In Managing IP, Matt Rizzolo Discusses Department of Justice Filing in Moderna Patent Case Posing Immunity Questions

In The News
February 23, 2023

In a Managing Intellectual Property article, IP litigation partner Matt Rizzolo examined a U.S. Department of Justice filing in a patent dispute between Arbutus Biopharma and Moderna involving Covid-19 vaccines in the District of Delaware Court that could cause parties that work with the government to review intellectual property provisions in their contracts.

Section 1498 under Title 28 of the U.S. Code states that when parties manufacturer inventions for the government with its authorization and consent, patent owners can only sue the government.

Matt says it is notable the DoJ claimed that Moderna had manufactured inventions for the government given that the Covid-19 vaccines were ultimately distributed to non-government entities and individuals.