On August 25, 2025, USIJ filed an amicus brief in Arbutus Biopharma Corp. v. Moderna urging the court to reject an expansive interpretation of 35 U.S.C. § 1498 that could be used to circumvent the Bayh–Dole Act and enable de facto government price controls on patented medicines. USIJ emphasizes that blurring the boundary between government use and commercial markets would destabilize patent rights, deter investment, and harm the startup-led innovation ecosystem.
“USIJ respectfully submits that any ambiguity in a ruling by this Court as to the scope of Section 1498 could wreak havoc in the flow of capital and human resources necessary to develop new drugs and other science-based products.”