MRNA · News · 20260805N

Litigation and Legal Risk

Moderna, Inc. · 2026-08-05 · Importance 37 · Surprise 42

Moderna appealed a district court judgment concerning alleged patent infringement related to its COVID-19 vaccines to the U.S. Court of Appeals for the Federal Circuit. The company argues under 28 U.S.C. §1498(a) that the U.S. government, rather than Moderna, should bear liability because its Spikemax vaccine was developed and distributed for the United States with government authorization and consent. Separately, Roivant Sciences reported receiving a litigation settlement payment from Moderna, with third-party reports citing amounts of $771.6 million to $950 million. The appeal and settlement indicate material ongoing legal exposure associated with Moderna’s COVID-19 vaccine intellectual-property disputes.

Key facts

• Moderna has appealed a District Court judgment concerning patent infringement related to its COVID-19 vaccines, arguing that the U.S. government should bear the liability under 28 U.S.C. § 1498(a). source
• Moderna claims its Spikemax® vaccine was developed and distributed "for the United States" and with the government's authorization and consent during the pandemic in its Federal Circuit appeal. source