American taxpayers have already given Moderna $10 billion for its coronavirus vaccine. If the Biden administration gets its wish, that tab could soon grow.
In a court filing last month, Department of Justice lawyers offered to “relieve” Moderna of any liability it faces from a lawsuit that accuses the drug company of failing to pay licensing fees for technology it used to develop its vaccine during “Operation Warp Speed.” Moderna has argued that the federal government should be on the hook for any legal settlement because of a stipulation in its contract that protects the company from patent litigation. The government had stayed silent on the matter until last month, when Justice Department lawyers said that any liability that Moderna faces should “transfer” to the United States government, citing a World War I-era law that protects federal contractors from patent disputes.
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