The Patent Trial and Appeal Board (PTAB) recently elucidated its decision to invalidate Moderna’s patents related to COVID-19 vaccines. This ruling came as a result of findings by Pfizer and BioNTech, which demonstrated that the contested claims within two of Moderna’s patents were, according to the PTAB, obvious in light of the evidence presented.
The PTAB emphasized that the considerable success of Moderna’s vaccine could not overshadow the substantial evidence suggesting that the patented inventions did not meet the requirements for novelty and non-obviousness. This verdict marks a significant development in the ongoing legal battles over vaccine technology in the pharmaceutical industry.
Further details on this decision by the PTAB are available in a detailed report published by Law360.