Dan Shores is a Partner at Rothwell, Figg, Ernst and Manbeck, P.C. He is a dedicated patent lawyer and strategist who believes in his clients and the power of their ideas. He primarily focuses on serving biotech, energy, software, cybersecurity, and other technology-based companies, particularly during their early stages when strategic guidance is critical to long term success. Dan understands the myriad of challenges that emerging companies face when breaking through and establishing themselves in their sphere, and he works with clients to build robust patent portfolios, forge constructive relationships with strategic partners, and prepare for success in funding rounds and exits. An engineer by education, and having extensive experience in transactional, litigation, procurement, and strategic counseling matters for technology-based companies, Dan is a problem-solver who excels at deciphering key translational aspects of a broad array of technologies and maximizing leverage in the context of clients’ desired implementation of such technologies, whether as participants in dynamic markets or as first movers.
Dan has served companies utilizing the following technologies (without limitation): pharmaceutical treatment of rhinitis with levocetirizine; genetically modified swine organs for xenotransplantation; pharmaceutical treatment of hepatitis B with telbivudine; genetically-modified cotton seed; three dimensional printing of buildings and other structures; cybersecurity threat assessment platforms; fiber-optic probes for tissue investigation; interactive media systems for healthcare institutions; artificial intelligence (various applications); identification systems for cable-based medical devices; identification of digital positions of interest on media items; implantable glucose-sensing devices; heat-treated glass with multilayer low-emissivity coatings; high throughput genetic seed-chipping technology; automotive and agricultural equipment; pressure-sensitive adhesives; tunable wireless capacitors for cellular phones; mass teleconference software; and integrated electronic securities marketplace systems.
Dan received his J.D. from the Georgetown University Law Center, where he served on the Editorial Board of The Georgetown Law Journal (Law Review). He graduated with a B.S. in Mechanical Engineering from the University of New Hampshire, where he specialized in materials science and was the team leader of an award-winning senior design project. He participates on panel discussions concerning complex IP issues and is a member of the American Intellectual Property Law Association (AIPLA) and Boston Patent Law Association (BPLA). Dan previously served as an executive officer of the esteemed Giles S. Rich American Inn of Court, the nation’s flagship Intellectual Property Inn of Court located at the U.S. Court of Appeals for the Federal Circuit in Washington, D.C.
Dan is a registered patent attorney licensed to practice before the United States Patent and Trademark Office, and he is admitted to practice law in Massachusetts and in the District of Columbia. He is a member of the bars of the Supreme Court of the United States, United States Court of Appeals for the Federal Circuit, United States District Court for the District of Massachusetts, and United States District Court for the District of Columbia. In the community, by appointment of Massachusetts Governor Charles D. Baker, Dan serves on the Board of Trustees of Massachusetts Maritime Academy and was its former Chairman. Dan lives with his wife Lindsay and their two English Bulldogs in Back Bay in Boston, MA.
In the first major patent infringement lawsuit in the mRNA space, on February 28, 2022, Arbutus Biopharma Corporation (“Arbutus”) and Genevant Sciences GmbH (“Genevant”) sued Moderna, Inc. and ModernaTX, Inc. (collectively “Moderna”) in the United States District Court for the District of Delaware. The plaintiffs have alleged that Moderna infringed U.S. Patent Nos. 8,058,069, 8,492,359, 8,822,668, 9,364,435, 9,504,651, and 11,141,378 directed to lipid nanoparticle (“LNP”) delivery technology through, inter alia, sales of its COVID-19 vaccine and booster products.
This article, originally published on 12/27/2021, was updated on 1/12/2022 and republished on 1/13/2022 to include information that was omitted in error, beginning after “Conclusions and Outlook”.
In Part I of this post, we provided an update on three lead pioneers in the mRNA IP space, Moderna, BioNTech and CureVac. In this post we profile Sanofi, Arcturus, eTheRNA and other mRNA companies and offer conclusions. Sanofi (NASDAQ: SNY), headquartered in Paris, FR, acquired mRNA pioneer Translate Bio in September 2021 for approximately $3.2 billion and mRNA startup Tidal Therapeutics in April 2021 for approximately $470 million. With its acquisition of Translate alone, Sanofi obtained an mRNA pipeline of nine candidates (two in the clinic), hundreds of patents, and undoubtedly valuable mRNA-based technical and regulatory know-how.
In April of this year, we provided a three-part series relating to the IP and Competitive Landscape for the mRNA market. In this post (Part I), we provide a 2021 year in review update on mRNA pioneers Moderna, BioNTech and CureVac, and in Part II, we profile Sanofi and other companies in the mRNA space and offer additional conclusions and outlook for 2022 and beyond.
In Part I of this series providing a summary of the mRNA IP and competitive landscape through one year of the COVID-19 pandemic, we focused on market players BioNTech, Moderna and CureVac; in Part II, we discussed Translate BIO, Arcturus, and eTheRNA (and other startups) and provided background on activity relating to certain Arbutus lipid nanoparticle (LNP) delivery technology. Here, in our final post, we provide an analysis of the current landscape and offer conclusions.