Arbutus Biopharma's European Patent Revoked by EPO Board of Appeal

summarizeSummary

The European Patent Office Board of Appeal revoked Arbutus Biopharma's European patent EP 2279254, which is expected to impact certain ongoing litigation against Moderna in Europe.

check_boxKey Events · Legal and Risk Events · ABUS

• European Patent Revoked

  The European Patent Office (EPO) Board of Appeal verbally decided to revoke European patent EP 2279254, which was opposed by Moderna and Merck affiliates.

• Impact on Litigation

  The decision is likely to affect patent infringement cases against Moderna in Switzerland and one case in the Unified Patent Court where the '254 Patent is asserted.

• Limited Broader Impact Claimed

  Arbutus Biopharma states the decision is not expected to impact its patent litigation against Moderna in the U.S., Japan, or Canada, or other cases against Moderna, Pfizer, and BioNTech.

• Appeal Planned

  The company disagrees with the outcome and plans to file a petition for review by the Enlarged Board of Appeal of the EPO upon receipt of the written decision.

auto_awesomeAnalysis · ABUS · Life Sciences

The revocation of a key European patent by the EPO Board of Appeal represents a setback for Arbutus Biopharma, as it directly affects ongoing patent infringement cases against Moderna in Switzerland and one of two cases in the Unified Patent Court where this patent is asserted. While the company asserts this decision, based on an "added matter" standard not applicable in the U.S., will not impact its U.S., Japanese, or Canadian litigation, or other European cases, the loss of intellectual property in a major market is a material event for a life sciences company. Investors should monitor the company's planned petition for review by the Enlarged Board of Appeal and the specific implications for the affected European litigation.