Northwestern filed a lawsuit against Moderna Wednesday alleging the company misused the University’s patented lipid nanoparticles to develop its SpikeVax COVID-19 vaccine.
NU had a critical role in the development of the lipid nanoparticles, according to the complaint. The University also argued Moderna’s explicit use of the particles in its mRNA vaccine was a violation of the patent. The University is seeking “reasonable royalties” but did not specify how much money it expects from Moderna.
Moderna’s SpikeVax was first introduced to the market in December 2020. Last year, the company earned $6.7 billion in revenue from the vaccine.
The work of chemistry Prof. Chad Mirkin, Feinberg Prof. Colby Thaxton and Prof. Feinberg Kaylin MacMahon “inspired the discovery and deployment” of LNPs through their work comprehending the capabilities of the particle, according to the complaint.
mRNA vaccines were developed because of their ability to respond to infection significantly faster than a traditional vaccine. Traditional vaccines usually use antibodies, pathogen-neutralizing proteins that can take days to produce by the body. During that time, the infection still damages the patient. mRNA vaccines help the body produce antiviral proteins in a significantly shorter amount of time, which helps the body recover quicker.
Getting cells to uptake mRNA, a kind of genetic material, has long confounded scientists, leading researchers to develop LNPs in the 2010s. They mimic proteins that naturally deliver material to a cell, evading the variety of roadblocks inorganic carriers have faced.
NU argues its researchers “pioneered” the LNP technology and is suing on the basis of the three patents for a method of uptaking oligonucleotides, a structure in which those oligonucleotides are attached to a synthetic carrier and the nanostructure with an apolipoprotein, which allow for entry into human cells.
The lawsuit argues Moderna could not have created SpikeVax so quickly if it were not for its “appropriating” of technology developed by other researchers.
A University spokesperson declined to comment on the lawsuit, and a Moderna spokesperson said they are aware of the litigation and will “defend themselves” against the claim.
