A fractured affirmance of a district court decision to dismiss an infringement action under 35 U.S.C. § 271(e)(1) was the occasion for the Federal Circuit to illustrate the continued.
In ModernaTx, Inc. v. Arbutus Biopharma Corp., the Federal Circuit agreed with Arbutus that Moderna lacked standing at the time it filed its appeal, and determined that Moderna failed to demonstrate that it had standing throughout the pendency of the appeal.