2 unchanged sentences
Pfizer and BioNTech
−Removed: On April 4, 2023, we and Genevant Sciences Ltd.
−Removed: (“Genevant”) filed a lawsuit in the U.S.
+Added: On April 4, 2023, we and Genevant filed a lawsuit in the U.S.
District Court for the District of New Jersey against Pfizer Inc.
5 unchanged sentences
On July 10, 2023, Pfizer and BioNTech filed their answer to the complaint, affirmative defenses and counterclaims.
−Removed: We and Genevant have yet to answer these counterclaims and no case schedule is yet in place.
−Removed: A scheduling conference is set for August 28, 2023.
+Added: We and Genevant filed our answer to these counterclaims on August 14, 2023.
+Added: A scheduling conference was held on August 28, 2023 and the Court issued a Letter Order on September 7, 2023 setting dates up to but not including the date for a claim construction hearing.
+Added: Scheduling of the claim construction hearing and subsequent case dates, including the date for trial, will be set at a later time that is yet to be determined.
+Added: Document and written discovery in the action is ongoing.
Patent Infringement Litigation vs.
5 unchanged sentences
The lawsuit does not seek an injunction or otherwise seek to impede the sale, manufacture or distribution of MRNA-1273.
−Removed: However, we seek fair compensation for Moderna’s use of its patented technology that was developed with great effort and at great expense, without which Moderna’s COVID-19 vaccine would not have been successful.
+Added: However, we seek fair compensation for Moderna’s use of our patented technology that was developed with great effort and at great expense, without which Moderna’s COVID-19 vaccine would not have been successful.
On May 6, 2022, Moderna filed a partial motion to dismiss the claims “relating to Moderna’s sale and provision of COVID-19 vaccine doses to the U.S.
8 unchanged sentences
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.
−Removed: On June 9, 2023, the parties extended the schedule for claim construction proceedings.
−Removed: The claim construction hearing is currently scheduled for February 7, 2024.
−Removed: Document discovery in the action is currently ongoing.
+Added: On June 9, 2023, the Court granted the parties’ request to extend the time for claim construction briefing and set the claim construction hearing for February 7, 2024.
+Added: Document and written discovery in the action is currently ongoing.
Acuitas Declaratory Judgment Lawsuit
11 unchanged sentences
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.
−Removed: 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.
−Removed: The motion is now fully briefed and a status conference is set for August 9, 2023.
−Removed: No case schedule is yet in place.
+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 at which point the motion was fully briefed.
+Added: A status conference for the action was set for August 9, 2023, however on August 4, 2023, Acuitas voluntarily dismissed its complaint in the Southern District of New York and refiled a virtually identical complaint in the District Court of New Jersey (D.
+Added: N.J.) where the Pfizer/BioNTech matter is currently pending, except that the 9,404,127 patent is not at issue in the New Jersey action, and Acuitas also added two additional patents
+Added: to its New Jersey declaratory judgment action ((U.S.
+Added: 11,298,320 and 11,318,098) that were not at issue in its New York action.
+Added: On September 15, 2023, we and Genevant filed a letter with the Court seeking a premotion conference for a motion to dismiss and subsequently filed our and Genevant’s motion to dismiss on October 13, 2023.
+Added: A hearing is scheduled for November 20, 2023.
Other Matters
5 unchanged sentences
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.