Alnylam Pharma To Appeal U.S. Court Ruling On Two Patents Asserted Against Moderna

(RTTNews) - Alnylam Pharmaceuticals (ALNY) said it plans to appeal a ruling by the U.S. District Court for the District of Delaware on two patents asserted against Moderna Inc. (MRNA).

Alnylam said that in March 2022, it initiated litigation in the Court against Moderna for patent infringement. To date, in two separate actions against Moderna, Alnylam has sought to recover reasonable compensation for Moderna's infringement of five Alnylam patents that cover key lipid technology embedded in Moderna's COVID-19 Vaccine, Spikevax.

On August 21, 2023, the Delaware Court issued an order construing certain claim terms in two of the asserted Alnylam patents. Alnylam and Moderna have jointly agreed to final judgment of non-infringement of two of Alnylam's patents. But Alnylam disagreed with the Delaware Court's ruling and intends to appeal the decision.

Alnylam anticipates that its second action against Moderna for infringement will move forward in the Delaware Court.

Alnylam noted that the Delaware Court's claim construction ruling did not impact its infringement contentions in its two separate suits against Pfizer. Alnylam will continue to assert six patents against Pfizer to recover reasonable compensation for Pfizer's use of Alnylam's technology in its COVID-19 vaccine, Comirnaty.