Statement from Moderna on Patent Trial and Appeal Board (PTAB) Ruling
July 24 2020 - 3:53PM
Business Wire
Moderna, Inc. (Nasdaq: MRNA), a clinical stage biotechnology
company pioneering messenger RNA (mRNA) therapeutics and vaccines
to create a new generation of transformative medicines for
patients, today released a statement on the July 23rd U.S. Patent
Trial and Appeal Board (PTAB) ruling:
The recently issued Patent Trial and Appeal Board ruling on the
8,058,069 patent relates to Moderna’s challenge to certain legacy
patents held by Arbutus, commenced well before the development of
mRNA-1273. These actions were taken by Moderna in response to the
longstanding aggressive posture taken by Arbutus and its
predecessor company against many developers of nucleic acid-based
therapeutics. Through its actions, Moderna successfully overturned
one legacy patent held by Arbutus and invalidated the broadest
claims of a second one. Moderna’s continued development of its
proprietary LNP formulation technology and manufacturing processes
have advanced well beyond the technology described in these legacy
Arbutus patents. Our improved proprietary LNP formula, used to
manufacture mRNA-1273, is not covered by the Arbutus patents.
Moderna is not aware of any significant intellectual property
impediments for any products we intend to commercialize, including
mRNA-1273.
Forward Looking Statements
This press release contains forward-looking statements within
the meaning of the Private Securities Litigation Reform Act of
1995, as amended, including regarding Moderna’s proprietary LNP
formulation technology and manufacturing processes and Moderna’s
awareness of any significant intellectual property impediments for
any products it intends to commercialize. In some cases,
forward-looking statements can be identified by terminology such as
“will,” “may,” “should,” “could”, “expects,” “intends,” “plans,”
“aims,” “anticipates,” “believes,” “estimates,” “predicts,”
“potential,” “continue,” or the negative of these terms or other
comparable terminology, although not all forward-looking statements
contain these words. The forward-looking statements in this press
release are neither promises nor guarantees, and you should not
place undue reliance on these forward-looking statements because
they involve known and unknown risks, uncertainties, and other
factors, many of which are beyond Moderna’s control and which could
cause actual results to differ materially from those expressed or
implied by these forward-looking statements. These risks,
uncertainties, and other factors include, among others: the fact
that there has never been a commercial product utilizing mRNA
technology approved for use; the fact that the rapid response
technology in use by Moderna is still being developed and
implemented; the fact that the safety and efficacy of mRNA-1273 has
not yet been established; potential adverse impacts due to the
global COVID-19 pandemic such as delays in regulatory review,
manufacturing and clinical trials, supply chain interruptions,
adverse effects on healthcare systems and disruption of the global
economy; and those other risks and uncertainties described under
the heading “Risk Factors” in Moderna’s most recent Quarterly
Report on Form 10-Q filed with the U.S. Securities and Exchange
Commission (SEC) and in subsequent filings made by Moderna with the
SEC, which are available on the SEC’s website at www.sec.gov.
Except as required by law, Moderna disclaims any intention or
responsibility for updating or revising any forward-looking
statements contained in this press release in the event of new
information, future developments or otherwise. These
forward-looking statements are based on Moderna’s current
expectations and speak only as of the date hereof.
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version on businesswire.com: https://www.businesswire.com/news/home/20200724005460/en/
Moderna Contacts
Media: Colleen Hussey Senior Manager, Corporate
Communications 203-470-5620 Colleen.Hussey@modernatx.com
Investors: Lavina Talukdar Head of Investor Relations
617-209-5834 Lavina.Talukdar@modernatx.com
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