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MODERNATX, INC. v. ARBUTUS BIOPHARMA CORP.

2020-2329.

18 F.4th 1364 (2021)

MODERNATX, INC., fka Moderna Therapeutics, Inc., Appellant v. ARBUTUS BIOPHARMA CORPORATION, Appellee.

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 , Anastasia Greenberg , Katherine P. Kieckhafer , Madeleine C. Laupheimer , Emily R. Whelan , Boston, MA.

David I. Berl , Williams & Connolly LLP, Washington, DC, argued for appellee. 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.

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 (the "Board") holding that the claims of U.S. Patent 8,058,069 ("'069 patent") are not unpatentable as obvious. See Moderna Therapeutics, Inc. v. Protiva Bio-therapeutics, Inc., IPR2019-00554,...

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