The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed in a precedential decision the Patent Trial and Appeal Board’s (PTAB’s) finding that Moderna Therapeutics proved certain claims of Arbutus Biopharma Corporation’s mRNA delivery patent invalid as anticipated. U.S. Patent No. 9,404,127 is titled “Non-liposomal Systems for Nucleic Acid Delivery” and is directed to “an invention that provides stable nucleic acid-lipid particles (‘SNALP’) that have a non-lamellar structure and ‘comprise a nucleic acid . . . methods of making the SNALP, and methods of delivering and/or administering the SNALP.’” SNALP has a three-dimensional structure that is either a lamellar morphology or non-lamellar (pictured).
- AI and Trade Secrets: A Winning Combination
- A New Era of Copyright Litigation in Hollywood: Revisiting Pirates of the Caribbean One Year Later
- Federal Circuit Vacates TTAB Decision as Arbitrary and Capricious
- ‘I Want to Thank You’: Who and What IP Stakeholders are Giving Thanks for This Year
- SCOTUS Declines Solving Circuit Split on Awarding Avoided Costs in Trade Secret Cases