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MODERNATX, INC. v. ARBUTUS BIOPHARMA CORP.

2020-1184, 2020-1184 2020-1186.

18 F.4th 1352 (2021)

MODERNATX, INC., fka Moderna Therapeutics, Inc., Appellant v. ARBUTUS BIOPHARMA CORPORATION, fka Protiva Biotherapeutics, Inc., Cross-Appellant Andrew Hirshfeld, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: December 1, 2021.

Attorney(s) appearing for the Case

Amy K. Wigmore , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, argued for appellant. Also represented by Mark Christopher Fleming , Emily R. Whelan , Boston, MA.

David I. Berl , Williams & Connolly LLP, Washington, DC, argued for cross-appellant. Also represented by Thomas S. Fletcher , Jessica Palmer Ryen ; Sonja Rochelle Gerrard , Steven William Parmelee , Michael T. Rosato , Wilson Sonsini Goodrich & Rosati, Seattle, WA; Lora Marie Green , Richard Torczon , Washington, DC.

Robert McBride , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by Thomas W. Krause , Farheena Yasmeen Rasheed .

Before LOURIE, O'MALLEY, and STOLL, Circuit Judges.

ModernaTx, Inc. ("Moderna") appeals from the decision of the U.S. Patent and Trademark Office Patent Trial and Appeal Board ("Board") holding that claims 7-8, 10-11, 13, and 16-20 of U.S. Patent 9,364,435 are not unpatentable as obvious. See Moderna Therapeutics, Inc. v. Protiva Biotherapeutics, Inc., IPR2018-00739...

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