In Part I of this series providing a summary of the mRNA IP and competitive landscape through one year of the COVID-19 pandemic, we focused on market players BioNTech, Moderna and CureVac; in Part II, we discussed Translate BIO, Arcturus, and eTheRNA (and other startups) and provided background on activity relating to certain Arbutus lipid nanoparticle (LNP) delivery technology. Here, in our final post, we provide an analysis of the current landscape and offer conclusions.…
In Part I of this three-part series, we focused on three mRNA technology market players: BioNTech, Moderna and CureVac. In this second post, we will focus on Translate BIO, Arcturus Therapeutics, and eTheRNA and discuss certain issues relating to lipid nanoparticle (LNP) delivery technology. More mRNA Market Players Translate Bio Translate Bio, Inc. (NASDAQ: TBIO) is headquartered in Lexington, MA, and as of April 2021, has a market capitalization of over $1.3…
Shortly after we posted about Moderna, Inc.’s October 2020 pledge not to enforce its COVID-19-related patents during the pandemic, the United States Food & Drug Administration (FDA) granted emergency regulatory approval for two COVID-19 vaccines produced by Moderna and BioNTech (with Pfizer), making these groups the first to ever enter the commercial market with mRNA-based therapies. This little-known and never-before-approved mRNA technology has since been widely administered and represents a primary weapon being used to…
It is advantageous for emerging companies to highlight their patent portfolio when seeking to attract investment, forge strategic partnerships, enter into collaborations, prepare for acquisition, enhance marketing, and otherwise strengthen their business. However, some companies fail to strengthen and grow their portfolios based on concerns about fees charged by the Patent Office. Further, failing to appropriately position applications often results in long prosecution times, which can stunt attempts to drum up investment. Beyond the…
AstraZeneca, the British-Swedish multinational pharmaceutical company currently collaborating with the University of Oxford on a COVID-19 vaccine, will purchase Alexion Pharmaceuticals for $39 billion. The transaction, which awaits approval by shareholders and regulators, is the largest purchase by a health care company this year and is expected to close in the third quarter of 2021. Alexion was founded in 1992 and is headquartered in Boston but has a global presence. It is known for its…
Centripetal Networks, Inc. (“Centripetal”), one of the fastest growing innovators in the cybersecurity space, leveraged its patent portfolio against Cisco Systems, Inc. (“Cisco”) and was recently awarded  an estimated $2-3 billion in damages by the Eastern District of Virginia following a 22 day video bench trial. This represents one of the largest patent infringement damages awards in U.S. history,[i] indeed dwarfing average patent infringement damage awards 1,000-fold.  [ii] This ruling may not be…
Last month, Moderna Therapeutics, one of the global leaders in the race to produce a COVID-19 vaccine, made the following statement regarding enforcement of its patents: We feel a special obligation under the current circumstances to use our resources to bring this pandemic to an end as quickly as possible. Accordingly, while the pandemic continues, Moderna will not enforce our COVID-19 related patents against those making vaccines intended to combat the pandemic. Further, to eliminate…
On October 22, 2020, Boston-based Atea Pharmaceuticals, Inc. (“Atea”) announced an agreement with Roche for the exclusive rights to research, develop and distribute AT-527 as an oral antiviral treatment for COVID-19 in territories outside of the United States. Under the terms of the agreement, Atea received an upfront payment of $350 million in cash from Roche with the potential for future milestone payments and royalties. AT-527 is an orally administered, direct-acting antiviral agent derived from…
Boston-based Moderna has announced that it will not enforce its patent rights related to its experimental vaccine for COVID-19, because “it feel[s] a special obligation under the current circumstances to use [its] resources to bring this pandemic to an end as quickly as possible . . ..” The company’s official statement can be found here and a listing of its patents can be found here. This is likely not the last time we will…
With the EU’s 2018 General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), which became effective January 2020, and the patchwork of U.S. state privacy regulations that continue to roll out, privacy has been a hot topic in the media as of late. But what exactly is “privacy,” and how can your company address privacy concerns from the get-go? At a very high level, privacy is the right to be let alone. “Data…