Explore the details of the Alnylam Pharmaceuticals, Inc. V. Moderna, Inc. case under case number 1:23-cv-00580 involving a cause of action for Patent Infringement. Review key information about the parties involved, the patents in question, and the docket entries.
The following parties are involved in this case, with their respective legal representatives for the case.
| Name | Represented By |
|---|---|
| Alnylam Pharmaceuticals, Inc. | - |
| Moderna US, Inc. | - |
| ModernaTX, Inc. | - |
| Moderna, Inc. | - |
Patents not found - set an alert to get notified when patents are added.
The Docket Entries section provides a chronological list of all significant filings and court actions in this case.
| Date | Docket Entry | Type |
|---|---|---|
Set alerts for critical docket entry | ||
| Sep 26, 2023 | SO ORDERED, re 26 MOTION for Pro Hac Vice Appearance of Attorney Dean Fanelli, Elizabeth L. Stameshkin, Naina Soni, Brittany Cazakoff, Angela Madrigal, and Brianna Patterson, filed by Moderna, Inc., Moderna US, Inc., ModernaTX, Inc. Ordered by Judge Colm F. Connolly on 9/26/2023. (kmd) | PACER Document |
| Sep 26, 2023 | Pro Hac Vice Attorneys Brittany Cazakoff and Angela R. Madrigal for Moderna, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) | PACER Document |
| Sep 26, 2023 | Pro Hac Vice Attorney Dean Fanelli for Moderna US, Inc., Moderna, Inc., and ModernaTX, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk) | PACER Document |
| Sep 28, 2023 | Pro Hac Vice Attorney Brianna Patterson for Moderna US, Inc., Moderna, Inc., ModernaTX, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) | PACER Document |
| Sep 28, 2023 | Pro Hac Vice Attorney Elizabeth L. Stameshkin for Moderna US, Inc., Moderna, Inc., ModernaTX, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) | PACER Document |
| Oct 2, 2023 | Pro Hac Vice Attorney Naina Soni for Moderna US, Inc., Moderna, Inc., and ModernaTX, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) | PACER Document |
| Nov 13, 2023 | SO ORDERED, re 36 Stipulation of Partial Dismissal (the '480 patent and the '229 patent). Signed by Judge Colm F. Connolly on 11/13/2023. (nmf) | PACER Document |
| Feb 9, 2024 | Pro Hac Vice Fee - Credit Card Payment received for Isha Agarwal. ( re 46 MOTION for Pro Hac Vice Appearance of Attorney Isha Agarwal )( Payment of $ 50, receipt number ADEDC-4334316).(Farnan, Brian) (Entered: 02/09/2024) | PACER Document |
| Feb 9, 2024 | SO ORDERED, re 46 MOTION for Pro Hac Vice Appearance of Attorney Isha Agarwal, filed by Moderna, Inc., Moderna US, Inc., ModernaTX, Inc. Ordered by Judge Colm F. Connolly on 2/9/2024. (kmd) | PACER Document |
| Feb 13, 2024 | Pro Hac Vice Attorney Isha Agarwal for Moderna US, Inc., Moderna, Inc., and ModernaTX, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) | PACER Document |
| Mar 14, 2024 | Set Deadlines/Hearings: A Discovery Conference is set per request of counsel for 4/24/2024 at 10:30 AM in Courtroom 4B before Judge Colm F. Connolly. (nmf) | PACER Document |
| Apr 22, 2024 | ORAL ORDER: Having reviewed Alnylam's unopposed submission (D.I. 59 ) and determined that the discovery dispute is suitable for resolution on the papers, IT IS ORDERED that the hearing originally scheduled for Wednesday, April 24, 2024 at 10:30 a.m. is cancelled. Ordered by Judge Colm F. Connolly 4/22/2024. (nmf) | PACER Document |
| Jul 17, 2024 | ORAL ORDER: Having received and considered the parties' April 17, 2024 and July 17, 2024 letters (D.I. 58 ; D.I. 68 ), it is HEREBY ORDERED that the Court does not require expert testimony to be presented at the August 15, 2024 claim construction hearing. Ordered by Judge Colm F. Connolly on 7/17/2024. (nmf) | PACER Document |
| Jul 31, 2024 | ORAL ORDER: The Court has concluded that Plaintiff's proposed construction of "head group" ("a portion of the lipid molecule that is less hydrophobic than the hydrophobic tails") is not acceptable because it is undisputed that the claimed "primary group"-a group that is comprised in part of, and distinct from, the head group-is less hydrophobic than the hydrophobic tails. See CAE Screenplates Inc. v. Heinrich Fiedler GmbH & Co., 224 F.3d 1308, 1317 (Fed.Cir.2000) (In the absence of any evidence to the contrary, we must presume that the use of these different terms in the claims connotes different meanings.); Bd. of Regents of Univ. of Texas Sys. v. BENQ Am. Corp., 533 F.3d 1362, 1371 (Fed. Cir. 2008) ("Different claim terms are presumed to have different meanings.). The Court was inclined to adopt Defendants' proposed construction of head group (i.e., "a group that may be protonated"), but in drafting its opinion, the Court realized that Defendants proposed construction suffers from the same defect that led the Court to reject Plaintiff's proposed construction, as it is undisputed that the claimed central moiety can have a nitrogen atom and that therefore it is also a group that may be protonated." The main problem the Court sees in Defendants' proposed construction is the word "may." Having reviewed the briefing and heard Dr. Whitehead testify, the Court wonders whether Defendants meant to say "must" instead of "may." In any event, consistent with its obligations under O2 Micro, the Court is considering construing "head group" to mean "a group that must be either permanently positively charged or protonatable." See D.I. 236 at 131:10-13 (Dr. Whitehead testifying that a POSA would have interpreted head group in 2011 to mean "the part of the cationic lipid that is positively charged or protonatable."); D.I. 236 at 133:12-15 (Dr. Whitehead testifying that "all of the intrinsic and extrinsic evidence that were considering in this case points to the head group requiring the permanent positive or the ionizable charge."(emphasis added)). The Court had hoped to issue its ruling on the head group term in advance of the August 15, 2024 claim construction hearing in the 23-580 action. Therefore, Defendants in both the 22-336 and 23-580 cases shall inform the Court by a letter filed no later than August 2, 2024 whether they agree to this proposed construction and, if they do not agree, why. The letter shall be no more than 500 words. Plaintiff shall have until August 6 to file a letter response (of no more than 500 words) to Defendants' letter. Signed by Judge Colm F. Connolly on 7/31/2024. (nmf) | PACER Document |
| Aug 1, 2024 | Pro Hac Vice Fee - Credit Card Payment received for Rosalynd D. Upton. ( re 72 MOTION for Pro Hac Vice Appearance of Attorney Rosalynd D. Upton )( Payment of $ 50, receipt number ADEDC-4466249).(Farnan, Brian) (Entered: 08/01/2024) | PACER Document |
| Aug 2, 2024 | SO ORDERED, re 72 MOTION for Pro Hac Vice Appearance of Attorney Rosalynd D. Upton filed by Moderna, Inc., Moderna US, Inc., ModernaTX, Inc. Signed by Judge Colm F. Connolly on 8/2/2024. (nmf) | PACER Document |
| Aug 2, 2024 | Pro Hac Vice Attorney Rosalynd D. Upton for Moderna US, Inc., Moderna, Inc., and ModernaTX, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (cdd) | PACER Document |
| Aug 13, 2024 | CORRECTING ENTRY: The PDF at D.I. 78 has been replaced with a corrected version per counsel's request. (kmd) | PACER Document |
| Aug 15, 2024 | Minute Entry for proceedings held before Judge Colm F. Connolly - Markman Hearing held on 8/15/2024. (Court Reporter Deanna Warner.) (nmf) | PACER Document |
| Aug 4, 2025 | NOTICE of Change of Law Firm Name by Alnylam Pharmaceuticals, Inc. (Townsend, Ethan) (Entered: 08/04/2025) | PACER Document |