Plaintiff

ModernaTX, Inc.

2 cases as plaintiff.

Cases
2
Active
1
1 closed
Filed
2020–2026
Top venue
Fed. Cir.
1 case
Also appears as a defendant in 3 cases → View as defendant

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.

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

pending
Docket:
26-1581
Filed:
2026-03-24

Moderna's appeal from the District of Delaware action, primarily raising its 28 U.S.C. § 1498 government-contractor immunity defense. US 8,822,668 is tagged to the appeal via the underlying docket, but the appeal concerns the four patents actually adjudicated.

ModernaTX, Inc. v. Arbutus Biopharma Corporation

affirmed; mandate issued
Docket:
2020-2329
Filed:
2020-09-25
Terminated:
2022-01-10
Patents:8058069

ModernaTX appealed the PTAB's IPR2019-00554 Final Written Decision on U.S. 8,058,069. The Federal Circuit docketed the appeal on Sept. 25, 2020, heard argument Oct. 7, 2021 (jointly with the companion '435 appeal, No. 20-1184), and affirmed on Dec. 1, 2021; mandate issued Jan. 10, 2022.