A district court judge filed an order Tuesday denying a motion to dismiss a Northwestern lawsuit alleging Moderna infringed upon three of the University’s patents in the company’s Spikevax COVID-19 vaccine.
NU filed the lawsuit against Moderna in October 2024 on counts of allegedly misusing the University’s patented synthetic lipid nanoparticles, seeking a “reasonable royalty” in damages.
According to the initial complaint, the technology was essential to the development of mRNA vaccines like Spikevax.
In the new order, Judge Richard Andrews rejected all seven of Moderna’s arguments for dismissal.
The order partially draws upon counterarguments NU filed in January. Most arguments made by the University, Andrews said, were “sufficient” to deny the dismissal motion.
However, the federal judge also dismissed two allegations made by NU related to one of the three patents. One of the allegations was conceded by the University in its January filing, while the other was implausible, he said.
Moderna must file an answer to NU’s initial complaint by Dec. 9.
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