AstraZeneca faces fresh mRNA patent infringement allegations in District of Delaware

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Counsel

Factor Bioscience is being represented by Gemini Law’s Robert V. Cerwinski, Michael W. Johnson, Lora M. Green, Eric L. Saunders, and Jason N. Zaccaro, as well as Goodwin Procter’s Huiya Wu and Linnea P. Cipriano, and Young Conaway Stargatt & Taylor’s Anne Shea Gaza, Robert M. Vrana, and Samantha G. Wilson.

mRNA patent litigation

Other cases involving mRNA-related patents include CureVac’s litigation against Pfizer and BioNTech in the U.S, which the three settled in August (with each of CureVac and its partner GSK receiving a payment of $740 million August 8, 2025 ip fray article).

Moderna has been embroiled in several such cases this year, including against Pfizer and BioNTech in the UK. Earlier this summer, the EWCA heard Pfizer and BioNTech’s arguments as to why it should overturn the EWHC’s decision, which included that Moderna’s developments of mRNA technology were “obvious” and should therefore make the patent invalid (July 14, 2025 ip fray article). The company is also facing a case by Genevant Sciences and Arbutus Biopharma in the U.S., UPC, Switzerland, Japan, and Canada over its Spikevax and mRESVIA vaccines (March 4, 2025 ip fray article). Meanwhile, in a precedential decision in June, the United States Court of Appeals for the Federal Circuit found Moderna had not infringed Alnylam’s mRNA-related patents (June 6, 2025 ip fray article).