Arbutus Biopharma Corporation, FKA Protiva Biotherapeutics, Inc., v. Modernatx, Inc., FKA Moderna Therapeutics, Inc. No. 2020-1183 (Fed. Cir. April 11, 2023)

The case discussed is Arbutus Biopharma Corporation v. Modernatx, Inc., which addresses the legal standard for inherent anticipation. Modernatx challenged the ’127 patent for being anticipated by the ’069 patent. The Federal Circuit affirmed the Board's finding that claim 1(d) of the ’127 patent is inherently anticipated by the ’069 patent. The court explained that a limitation is inherent if it is the natural result flowing from the prior art's explicit disclosure. The court found substantial evidence supporting the Board's findings regarding the similarity of the formulations and the inherent anticipation of the morphological property.

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