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On June 5, 2026, the NAM filed an amicus brief urging the Federal Circuit to overturn a lower court ruling that would damage important liability protections for federal contractors. In this case, two small biotech companies sued Moderna for patent infringement in relation to its development of the Covid-19 vaccine. Moderna, who began producing the lifesaving doses in 2020, did so under contract with the federal government. As one of its contractual obligations during “Operation Warp Speed,” Moderna quickly produced and distributed vaccines to the federal government, who administered some to government employees and provided others to the greater public. Under relevant patent and contract laws, any patent owner who manufactures a product for the U.S. government is immune from liability in infringement suits relating to the patent. In our amicus brief, we argue that Moderna is entitled to this protection. Companies that provide the government with lifesaving products during global health emergencies should not be penalized by protracted litigation and steep potential damages.