1 unchanged sentence
Patent Infringement Litigation vs.
+Added: Pfizer and BioNTech
+Added: On April 4, 2023, we and Genevant Sciences Ltd.
+Added: (“Genevant”) filed a lawsuit in the U.S.
+Added: District Court for the District of New Jersey against Pfizer Inc.
+Added: (“Pfizer”) and BioNTech SE (“BioNTech”) seeking damages for infringement of U.S.
+Added: and 11,318,098 in the manufacture and sale of any COVID-19 mRNA-LNP vaccines.
+Added: The patents relate to nucleic acid-lipid particles and their composition, manufacture, delivery and methods of use.
+Added: The lawsuit does not seek an injunction or otherwise seek to impede the sale, manufacture or distribution of any COVID-19 mRNA-LNP vaccines.
+Added: However, we seek fair compensation for Pfizer’s and BioNTech’s use of our patented technology that was developed with great effort and at great expense, without which their COVID-19 mRNA-LNP vaccines would not have been successful.
+Added: Patent Infringement Litigation vs.
On February 28, 2022, we and Genevant filed a lawsuit in the U.S.
7 unchanged sentences
Government.” On November 2, 2022, the Court issued an Order denying Moderna’s motion.
+Added: On November 30, 2022, Moderna filed its Answer to the Complaint and Counterclaims.
+Added: We and Genevant filed our Answer to Moderna’s Counterclaims on December 21, 2022.
+Added: On February 14, 2023, the U.S.
+Added: Department of Justice filed a Statement of Interest in the action.
+Added: On February 16, 2023, the Court held an Initial Pretrial Conference after which it issued an Order, dated February 16, 2023, ordering that within 14 days of the issuance of the Order, the parties and the U.S.
+Added: Government were to submit letters regarding the impact of the Governments’ Statement of Interest on the scheduling of the matter.
+Added: On March 10, 2023, the Court reaffirmed its denial of Moderna’s motion to dismiss.
+Added: On March 16, 2023, the Court held a Rule 16 scheduling conference, and on March 21, 2023, the Court issued a scheduling order in the matter without setting a trial date.
Acuitas Declaratory Judgment Lawsuit
10 unchanged sentences
Acuitas filed its amended complaint on September 6, 2022.
−Removed: On October 4, 2022, we and Genevent filed our motion to dismiss the Acuitas action for lack of subject matter jurisdiction based on the lack of a case or controversy.
−Removed: Acuitas filed its opposition to the motion to dismiss on November 1, 2022, and we and Genevant intend to file our reply brief on November 16, 2022.
+Added: On October 4, 2022, we and Genevant filed our motion to dismiss the Acuitas action for lack of subject matter jurisdiction based on the lack of a case or controversy.
+Added: Acuitas filed its opposition to the motion to dismiss on November 1, 2022, and we and Genevant filed our reply brief on November 16, 2022.
+Added: The motion is now fully briefed.
No case schedule is yet in place.
−Removed: University of British Columbia
−Removed: Certain early work on lipid nanoparticle delivery systems and related inventions was undertaken at the University of British Columbia (“UBC”), as well as by us that was subsequently assigned to UBC.
−Removed: These inventions are licensed to us by UBC under a license agreement, initially entered into in 1998 and as amended in 2001, 2006 and 2007.
−Removed: We granted sublicenses under the UBC license to certain third parties, including Alnylam.
−Removed: In November 2014, UBC filed a demand for arbitration against us which alleged entitlement to unpaid royalties.
−Removed: In August 2019, the arbitrator issued his decision for the second phase of the arbitration, awarding UBC $5.9 million, which included interest of approximately $2.6 million.
−Removed: We paid the $5.9 million award to UBC in September 2019 and paid an additional $0.2 million award for costs and attorneys’ fees in March 2021, and this matter is now fully resolved.
−Removed: On December 18, 2020, UBC delivered to us a notice of arbitration alleging that under its cross license with us, it is due royalties of $2.0 million plus interest arising from our sale to OMERS of part of our royalty interest on future global net sales of ONPATTRO, currently being sold by Alnylam.
−Removed: Oral hearings for this matter were held in April 2022 and, on July 11, 2022, the arbitrator issued his decision fully dismissing UBC’s claim for royalties.
−Removed: As a result, no payments are owed to UBC.
−Removed: In September 2022, the arbitrator awarded the Company $0.5 million for reimbursement of costs and attorneys’ fees, which the Company received from UBC in October 2022.
−Removed: This matter is now fully resolved.
+Added: Other Matters
+Added: We are also involved with various legal matters arising in the ordinary course of business.
+Added: We make provisions for liabilities when it is both probable that a liability has been incurred and the amount of the loss can be reasonably estimated.
+Added: Such provisions are reviewed at least quarterly and adjusted to reflect the impact of any settlement negotiations, judicial and administrative rulings, advice of legal counsel, and other information and events pertaining to a particular case.
+Added: Litigation is inherently unpredictable.
+Added: Although the ultimate resolution of these various matters cannot be determined at this time, we do not
+Added: believe that such matters, individually or in the aggregate, will have a material adverse effect on our consolidated results of operations, cash flows, or financial condition.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.