The following summarizes the Court's Opinion:
- Composition of Total Lipid (‘069)
- The Court agreed with Plaintiffs' position that the claimed molar percentage (mol. %) ranges can be met by any particle and is not limited to "finished" particles that are not subjected to further process steps.
- The Court agreed with Plaintiffs' position that the claimed mol. % ranges include standard variation based on the number of significant figures recited in the claim.
- Cationic Lipid with Protonatable Tertiary Amine (‘378)
- The Court agreed with Plaintiffs' position that there is no limitation as to the mol. % of the claimed cationic lipid.
- Encapsulation of mRNA (‘651)
- The Court held that "wherein at least 70% / at least 80% / about 90% of the mRNA in the formulation is fully encapsulated in the lipid vesicles" means "wherein at least 70% / at least 80% / about 90% of the mRNA is fully, as distinct from partially, contained inside the lipid vesicles".