This Federal Circuit opinion concerns an appeal by Alnylam Pharmaceuticals, Inc., against Moderna, Inc., regarding a patent infringement lawsuit concerning Moderna’s COVID-19 vaccine, SPIKEVAX®. The core of the dispute revolves around the interpretation of the patent term “branched alkyl” within Alnylam's U.S. Patent Nos. 11,246,933 and 11,382,979, specifically whether the alpha-position carbon must be bound to at least three other carbon atoms (tertiary or quaternary) or if two are sufficient (secondary). The District Court for the District of Delaware initially ruled in favor of Moderna, interpreting Alnylam as having acted as its own lexicographer by defining the term in a way that excluded Moderna’s product. The Court of Appeals for the Federal Circuit affirmed this decision, concluding that Alnylam's patent specification clearly defined “branched alkyl” and that no "otherwise specified" exception applied to allow for a secondary carbon at the alpha position.
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