aibioArbutus says court moved Moderna patent trial to September 29, 2025
Tickers ABUS
Arbutus Biopharma and Genevant Sciences sued Moderna, Inc. and a Moderna affiliate, which the filing does not name, over patents tied to the MRNA-1273 COVID-19 vaccine. On March 31, 2025 the court moved the patent trial from September 24 to September 29, 2025.
Key facts
- Company
- Arbutus Biopharma Corporation (NASDAQ: ABUS)
- News type
- Legal
- Primary source
- Arbutus Biopharma Corp Form 8-K filed April 3, 2025 (SEC EDGAR)
Arbutus Biopharma Corporation (Nasdaq: ABUS) said in a Form 8-K filed April 3, 2025 that the U.S. District Court for the District of Delaware moved the start of its patent trial against Moderna. The defendants are Moderna, Inc. and a Moderna affiliate, which the 8-K and the company's annual report both call Moderna collectively. The filing does not name the affiliate. The 8-K says the trial start moved from September 24, 2025 to September 29, 2025, on March 31, 2025.
The Moderna suit
Arbutus and Genevant Sciences, Ltd. filed the suit on February 28, 2022. It alleges infringement of six U.S. patents, Nos. 8,058,069, 8,492,359, 8,822,668, 9,364,435, 9,504,651 and 11,141,378, through the manufacture and sale of MRNA-1273, Moderna's COVID-19 vaccine. The patents cover nucleic acid-lipid particles and lipid vesicles, and compositions and methods for their use. These are the plaintiffs' allegations, and no court has ruled on infringement.
The 8-K says the suit seeks fair compensation for Moderna's use of technology that Arbutus says it developed "with great effort and at great expense." It also says the vaccine would not have been successful without that technology. Both points are the company's own claims.
The 10-K, filed March 27, 2025, says the court held a claim construction hearing on February 8, 2024 and ruled on April 3, 2024, construing the disputed claim terms. The 10-K also says the trial date had been set for September 24, 2025, before the court moved it. Arbutus has not reported a damages figure.
Other suits
The 10-K says that on March 3, 2025, Arbutus and Genevant filed five international lawsuits against Moderna over its COVID-19 and RSV vaccines, which use the companies' lipid nanoparticle technology. Arbutus and Genevant also filed a separate U.S. suit against Pfizer and BioNTech on April 4, 2023, over their COVID-19 mRNA vaccines. The 10-K says the claim construction hearing in that case took place in December 2024. The court is expected to rule on claim construction and set a further schedule, including a trial date, in 2025.
Executive separations
The 8-K also reports two departures under Item 5.02. The company terminated Karen Sims, M.D., Ph.D., as Chief Medical Officer without cause, effective March 25, 2025. Her consulting agreement, signed March 28, runs for 30 calendar days at an hourly cash fee. Her vested options can be exercised until March 24, 2026. Her separation agreement was signed April 1, 2025.
The company also terminated David Hastings as Chief Financial Officer without cause, effective at the end of the day on March 27, 2025. His separation agreement, signed April 2, lets him exercise vested options until March 26, 2026. The company says the separation documents will be filed with its quarterly report for the quarter ending March 31, 2025.
The company
Arbutus calls itself a clinical-stage biopharmaceutical company focused on infectious disease. It is developing imdusiran, an RNAi therapy given under the skin, and AB-101, an oral PD-L1 inhibitor, for chronic hepatitis B. The 10-K says the company cut its workforce by 40% during 2024 and, after a further 57% reduction approved by the board, has 19 employees. It expects a one-time restructuring charge of about $11 million to $13 million in the first quarter of 2025.
Who signed
President and Chief Executive Officer Lindsay Androski signed the 8-K.