Moderna (MRNA) faced a setback in a patent infringement case after a Delaware federal court dismissed two of its defense arguments against Arbutus Biopharma (ABUS).

Judge Joshua Wolson rejected Moderna's "obviousness" and "derivation" defenses, a court filing dated Tuesday showed. Arbutus has argued that Moderna's COVID-19 vaccine infringes on four patents protecting its lipid nanoparticle delivery technology.

The judge allowed Moderna's "enablement" defense to proceed, finding that the company offered admissible expert testimony that creates factual disputes requiring a jury trial.

"We are pleased that the court's recent rulings clarify and narrow the issues heading to trial," Moderna said Wednesday in an emailed statement to MT Newswires. "We remain confident that we do not infringe any valid patent and look forward to presenting our case."

While disagreeing with part of the decision with plans to appeal, Moderna said that "the ruling does not change the broader posture of the case."

Arbutus didn't immediately reply to a request for comment.

Moderna shares rose 5.9% in Wednesday trading. The company said the US Food and Drug Administration will review its modified flu vaccine application, a week after rejecting the original submission.

Arbutus shares rose 1.6%.

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