A key COVID-19 vaccine case is moving to discovery after a U.S. judge rejected a bid by Moderna to dismiss some of the patent infringement claims against it.
Moderna and the U.S. government, which backed the company, failed to prove that claims involving the company’s COVID-19 vaccine contract with the government should be dismissed, U.S. District Judge Mitchell Goldberg ruled on March 10.
Goldberg in late 2022 rejected a similar effort but Moderna revived its bid after the government filed a statement asserting it, not the company, should face the claims relating to the contract.
The parties, though, have failed to prove that the government’s interpretation “trumps a court’s analysis of this issue,” Goldberg said….