Defendant

ModernaTX, Inc.

3 cases as defendant.

Cases
3
Active
0
3 closed
Filed
2019–2022
Top venue
D. Delaware
2 cases
Also appears as a plaintiff in 2 cases → View as plaintiff

Company profile

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ModernaTX, Inc. is a Delaware corporation and the wholly owned subsidiary through which Moderna, Inc. (Nasdaq: MRNA) conducts its intellectual property matters. Its principal place of business is 325 Binney Street, Cambridge, Massachusetts. ModernaTX was formerly named Moderna Therapeutics, Inc. and was renamed after Moderna, Inc. rebranded in August 2018. It is not separately traded; parent Moderna, Inc. is a public company with no parent of its own. Moderna, Inc. was founded in 2010 and reported roughly 4,700 employees and about $1.9 billion in 2025 revenue, largely from COVID-19 vaccine sales.

ModernaTX is an operating entity, not a shell. FDA Biologics License Application approvals for the accused products are addressed to it, and it holds the SPIKEVAX, mNEXSPIKE and mRESVIA trademarks. Moderna, Inc. develops mRNA-based vaccines and therapeutics; its three commercial products are Spikevax and mNEXSPIKE (COVID-19 vaccines) and mRESVIA (RSV vaccine), with pipeline programs in oncology, rare disease and other infectious diseases. The disputed technology is the lipid nanoparticle (LNP) delivery system used to encapsulate mRNA.

Its litigation posture is that of an operating company in a two-way patent dispute, matching the case data (2 as plaintiff, 3 as defendant). All tracked matters arise from LNP/mRNA patents and cluster in the U.S. District Court for the District of Delaware and the Federal Circuit — not plaintiff-friendly venues such as the Eastern District of Texas. ModernaTX appears as a defendant against Arbutus/Genevant and as a plaintiff/counterparty in related Federal Circuit appeals.

The most prominent matter is the Arbutus Biopharma/Genevant Sciences suit filed in Delaware on 28 February 2022 over six LNP patents (including U.S. Patent Nos. 8,058,069 and 9,504,651). On 3 March 2026, days before trial, Moderna agreed to a global settlement: $950 million upfront in July 2026 plus up to $1.3 billion contingent on its Federal Circuit appeal regarding the 28 U.S.C. § 1498 government-contractor defense. The tracked 2020 ModernaTX v. Arbutus and 2019 Protiva Biotherapeutics v. Moderna Therapeutics Federal Circuit cases stem from the same long-running LNP patent conflict.

Filing activity

2019: 1 case'19'20'212022: 2 cases2'22
Cases filed per year naming ModernaTX, Inc. as defendant.

Arbutus Biopharma Corporation et al. v. Moderna, Inc. et al.

settled (on appeal)
Docket:
1:22-cv-00252-JDW
Filed:
2022-02-28
Terminated:
2026-03-03

Arbutus and Genevant sued Moderna over the Moderna COVID-19 vaccine, originally asserting six patents including US 8,822,668. The '668 patent was dropped during bilateral narrowing before trial. The case settled globally on March 3, 2026, with Moderna consenting to judgment on the four surviving patents, and Moderna later appealed.

Arbutus Biopharma Corp. et al. v. Moderna, Inc. et al.

settled
Docket:
1:22-cv-00252
Filed:
2022-02-28
Terminated:
2026-03-04

Arbutus and Genevant sued Moderna and ModernaTX in D. Del. asserting six LNP patents, including 11141378. The case settled March 3, 2026 as part of a $2.25 billion global settlement; Moderna consented to a judgment of infringement and no invalidity on four asserted patents, and the docket terminated March 4, 2026.

Protiva Biotherapeutics, Inc. et al. v. Moderna Therapeutics, Inc. et al.

affirmed; concluded
Docket:
2020-1183
Filed:
2019-11-27
Terminated:
2023-04-11
Patents:9404127

Appeal from IPR2018-00680. The Federal Circuit affirmed the PTAB's final written decision holding all claims of US 9,404,127 unpatentable as inherently anticipated, resulting in cancellation of the '127 claims.