Arbutus Biopharma Corp. announced that the European Patent Office's Board of Appeal has revoked its European patent EP 2279254 following opposition from affiliates of Moderna and Merck. The decision, based on the EPO's "added matter" standard, is not expected to impact Arbutus's ongoing patent infringement litigation against Moderna in the United States, Japan, or Canada, nor its case against Moderna before the Unified Patent Court that does not involve the revoked patent, or its US litigation against Pfizer and BioNTech. However, the revocation is likely to affect litigation involving Moderna in Switzerland and one of two cases in the Unified Patent Court where the patent was asserted. Arbutus plans to seek a review of the decision by the Enlarged Board of Appeal of the EPO once the written decision is received.

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