Moderna Inc could face a patent infringement lawsuit over its COVID-19 vaccine after a federal appeals court rejected its challenge to patents belonging to Arbutus Biopharma Corp.
The Federal Circuit U.S. Court of Appeals said Arbutus’ patents, which may cover technology used in the vaccines, were not obvious, upholding rulings last year by an administrative panel.
Arbutus shares were up $1.22, or 38% higher, at $4.42. Moderna shares fell about 7%.
Moderna and Arbutus did not immediately respond to requests for comment.
Moderna previously said in court filings that it believes Arbutus could bring a lawsuit demanding royalties from its COVID-19 vaccine if the patents are upheld.
