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September 8-16, 2020

A Timeline of Selected Federal Funding for SARS Coronavirus


Over the past two decades, M·CAM has been monitoring possible violations of the 1925
Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous, or other Gases,
and of Bacteriological Methods of Warfare (the Geneva Protocol) 1972 Convention on
the Prohibition of the Development, Production, and Stockpiling of Bacteriological and
Toxin Weapons and Their Destruction (the BTWC). In its 2003-2004 Global Technology
Assessment: Vector Weaponization we identified M·CAM highlighted China’s growing
involvement in Polymerase Chain Reaction (PCR) technology with respect to joining the
world stage in chimeric construction of viral vectors. Since that time, on a weekly basis,
we have monitored the development of research and commercial efforts in this field,
including, but not limited to, the research synergies forming between the United States
Centers for Disease Control and Prevention (CDC), the National Institutes for Allergies
and Infectious Diseases (NIAID), the University of North Carolina at Chapel Hill, Harvard
University, Emory University, Vanderbilt University, Tsinghua University, University of
Pennsylvania, and their commercial affiliations.

We noted the unusual patent prosecution efforts of the CDC, when on April 25, 2003
they sought to patent the SARS coronavirus that had reportedly transferred to humans
during the 2002-2003 SARS outbreak in Asia. 35 U.S.C. §101 prohibits patenting nature.
This legality did not deter CDC in their efforts. Their application, updated in 2007,
ultimately issued as U.S. Patent 7,776,521 and constrained anyone not licensed by their
patent from developing tests or kits to measure SARS coronavirus in humans. Work
associated with this virus by their select collaborators included considerable amounts of
chimeric engineering, gain-of-function studies, viral characterization, detection,
treatment (both vaccine and therapeutic intervention), and weaponization inquiries.

We noted that gain-of-function specialist, Dr. Ralph Baric, was both the recipient of
millions of dollars of U.S. research grants from several federal agencies but also sat on
the World Health Organization’s International Committee on Taxonomy of Viruses (ICTV)
and the Coronaviridae Study Group (CSG). In this capacity, he was both responsible
for determining “novelty” of clades of virus species but directly benefitted from
determining declarations of novelty in the form of new research funding authorizations
and associated patenting and commercial collaboration. Together with CDC, NIAID,
WHO, academic and commercial parties (including Johnson & Johnson; Sanofi and
their several coronavirus patent holding biotech companies; Moderna; Ridgeback;
Gilead; Sherlock Biosciences; and, others), a powerful group of interests constituted
what we would suggest are “interlocking directorates” under U.S. anti-trust laws.

These entities also were affiliated with the WHO’s Global Preparedness Monitoring Board
(GPMB) whose members were instrumental in the Open Philanthropy-funded global
coronavirus pandemic “desk-top” exercise EVENT 201 in October 2019. This event,
funded by the principal investor in Sherlock Biosciences and linking interlocking funding
partner, the Bill and Melinda Gates Foundation into the GPMB mandate for a respiratory
disease global preparedness exercise to be completed by September 2020 alerted us
September 8-16, 2020

to anticipate an “epidemic” scenario. We expected to see such a scenario emerge


from Wuhan or Guangdong China, northern Italy, Seattle, New York or a combination
thereof, as Dr. Zhengli Shi and Dr. Baric’s work on zoonotic transmission of coronavirus
identified overlapping mutations in coronavirus in bat populations located in these
areas.

Coronavirus Anti-trust Foundations

1984 Dr. Anthony Fauci appointed Director of the NIAID

1986-1990 NIAID Grant AI 23946 leading to patent U.S. 7,279,327 “Methods for
Producing Recombinant Coronavirus” Filed 2002 and issued 2007 https://
patents.google.com/patent/US7279327B2/ru

This is the first documented commerce association between Dr. Anthony


Fauci, NIAID and Dr. Ralph Baric’s recombinant coronavirus enterprise and
constitutes the origin of the alleged criminal conspiracy. 15 USC §1-3

The paper first published from the NIAID grant is https://europepmc.org/


backend/ptpmcrender.fcgi?accid=PMC7109931&blobtype=pdf

1990 Pfizer files U.S. Patent 6,372,224 on a vaccine for the S-protein on
coronavirus November 14, 2000 which was abandoned April 2010 making
it public domain.

1990s Work focused on CoV association with cardiomyopathy (see above)

Early reference to the “emergence” of CoV as a respiratory pathogen in


https://link.springer.com/content/pdf/10.1007%2F978-1-4615-1899-0_91.pdf

2000 Ralph Baric AI23946 and GM63228 from the National Institutes of Health
actively working recombinant CoV.

NIAID and Baric monopolize and conspire to monopolize recombinant


coronavirus by entering into a contract using NIH funds for the purpose of
restraining trade on coronavirus. 15 USC §1-3

2001 National Institute of Health, Allergy and Infectious diseases. “Reverse


Genetics with a Coronavirus Infectious cDNA Construct.”
4/1/2001-3/31/005 $1.0 million total costs/yr. RS Baric, PI

2002 Asia CoV SARS outbreak

2003 April 25, 2003 CDC Patent filed and ultimately becomes US7,220,852 (the
patent on the RNA sequence) and 7,776,521 (the patent on the testing
methodology. These patents give the U.S. Department of Health and
September 8-16, 2020

Human Services the ability to control the commercial exploitation of SARS


coronavirus.

With their patent filing, CDC enters the conspiracy to restrain interstate
trade. The ‘852 patent application was rejected as unpatentable but was
allowed in 2007 after having the rejection appealed and overturned
provided that the CDC “inventors” acknowledged that they provided an
enabling disclosure that placed the genome of SARS coronavirus in the
public domain prior to filing their patent application. 15 USC §1-3

Dr. Anthony Fauci appointed to the Bill and Melinda Gates Foundation’s
Global Grand Challenges Scientific Advisory Board (served through 2010).

In violation of 15 USC §19, Dr. Fauci has an interlocking directorate


violation as NIAID, NIH, and World Health Organization all share common
commercial activities.

April 28, 2003 Sequoia Pharmaceuticals $953K for pathogen response and
patent US7,151,163 https://www.sbir.gov/node/305319

July 21, 2003 Ralph Baric’s team (using AI23946 and GM63228) file U.S.
Patent 7,618,802 which issued on November 17, 2009. https://
patents.google.com/patent/US7618802B2

Dana Farber Cancer Institute files U.S. Patent 7,750,123 on a monoclonal


antibody to neutralize SARS CoV. This research is supported by several NIH
grants including National Institutes of Health Grants A128785, A148436,
and A1053822. 

2004 January 6, 2004 – SARS and Bioterrorism linked at Bioterrorism and


Emerging Infectious Diseases: antimicrobials, therapeutics and immune
modulators. https://tks.keystonesymposia.org/index.cfm?
e=web.meeting.program&meetingid=706

At this conference, the term “The New Normal” was introduced by Merck

FAUCI AND BARIC start making money!!! National Institutes of Health,


Allergy and Infectious Diseases. SARS Reverse Genetics. AI059136-01. $1.7
million total costs, RS Baric, PI. 10% effort. 4/1/04- 3/31/09. The project
develops a SARS-CoV full length infectious cDNA, the development of
SARS-CoV replicon particles expressing heterologous genes, and seeks to
adapt SARS-CoV to mice, producing a pathogenic mouse model for
SARS-CoV infection.
September 8-16, 2020

National Institutes of Health, Allergy and Infectious Diseases. R01.


Remodeling the SARS Coronavirus Genome Regulatory Network. RS Baric,
PI 10% effort. 7/1/04-6/30/09. $2.1 million

November 22, 2004 University of Hong Kong patents SARS associated


spike protein on CoV and pursues patent US7,491,489

2005 DARPA gets in on the game Synthetic Coronaviruses. Biohacking:


Biological Warfare Enabling Technologies, June 2005. Washington, DC.
DARPA/MITRE sponsored event. Invited Speaker

Grab timeline from https://www.youtube.com/watch?v=rO_EeYB0i0U and


https://www.davidmartin.world/wp-content/uploads/
2020/04/20APRBotWslides.pdf

2008 Biodefense Grant U54 AI057157 commences with $10,189,682 to UNC


Chapel Hill https://taggs.hhs.gov/Detail/AwardDetail?
arg_awardNum=U54AI057157&arg_ProgOfficeCode=104

This is when the colluding parties commence market allocation by


providing “non-competitive” grants from NIAID to Dr. Baric’s lab at the
same time as Dr. Baric in violation of 15 USC §8.

2009 Biodefense Grant U54 AI057157 continues with $5,448,656 to UNC Chapel
Hill (non-competitive grant from NIAID)

Violation of 15 USC §8.

2010 Biodefense Grant U54 AI057157 continues with $8,747,142 to UNC Chapel
Hill (non-competitive grant from NIAID)

Violation of 15 USC §8.

Patent issuance for SARS coronavirus patents peak post the Asia outbreak
at 391 issued patents.

August 6, 2010, Moderna (prior to its establishment) files U.S. Patent


9,447,164 which attracted the investment of (and “inventorship” for)
venture capitalists at Flagship Ventures. This patent grew out of the work
of Dr. Jason P. Schrum of Harvard Medical School supported by National
Science Foundation Grant #0434507. While the application claims priority
to August 2010, the application didn’t get finalized until October, 2015.
On November 4, 2015, the USPTO issued a non-final rejection on this
original patent rejecting all claims.
September 8-16, 2020

https://www.nsf.gov/awardsearch/showAward?AWD_ID=0434507 with
reference to the grant funding in https://molbio.mgh.harvard.edu/
szostakweb/publications/Szostak_pdfs/Schrum_et_al_JACS_2009.pdf

2011 Crucell joined the Janssen Pharmaceutical Companies of Johnson &


Johnson in February taking with it all of its SARS technology.

Biodefense Grant U54 AI057157 continues with $7,344,820 to UNC Chapel


Hill (non-competitive grant from NIAID)

Violation of 15 USC §8.

2012 MERS isolated in Egypt

Biodefense Grant U54 AI057157 continues with $7,627,657 to UNC Chapel


Hill (non-competitive grant from NIAID)

Violation of 15 USC §8.

2013 Biodefense Grant U54 AI057157 continues with $7,226,237 to UNC Chapel
Hill (non-competitive grant from NIAID)

Violation of 15 USC §8.


Dr. Richard Whitely, member of the Board of Directors of Gilead Sciences
(the beneficial licensee of Dr. Baric’s compound for the treatment of
coronavirus – Remdesivir), Dr. Baric, and NIAID form the Center for
Translational Research. Four university research formed the Centers of
Excellence for Translational Research, a program focused on “countering
threats from emerging and re-emerging infectious diseases.” The five
year grant of $79 million was divided with $37.5 million going to Whitley’s
Antiviral Drug Discovery and Development Center at UAB with the
balanced divided among Columbia University, Vanderbilt University and
the University of North Carolina Chapel Hill.
According to Whitely, “When I built the NIAID grant, I decided an
important component would be to have a relationship with a
pharmaceutical company that could help us develop the drugs that we
discovered. I made Gilead Sciences our pharmaceutical colleague in a
public-private partnership. At the time, they were screening for drugs to
treat respiratory syncytial virus, and the drug that came up as active was
remdesivir. They were screening the drug against many viruses as well,
including Ebola and coronaviruses. I suggested they give it to us so we
could study it in our coronavirus project that was led by Mark Denison at
Vanderbilt University and Ralph Baric at the University of North Carolina.”
September 8-16, 2020

“AD3C provided data from the Denison and Baric laboratories to Gilead,
and that led to clinical investigations.” Remdesivir, initially designed to
treat MERS was suggested to be effective in treating SARS. Whitley stated
that he was concerned that both MERS and SARS “not only could come
back, but be imported into the U.S.”

Violation of 15 USC §1-3, 8, 19.

2014 April 23, 2014, Moderna files patent on nucleic acid vaccine with Patents
US9872900 and US10022435

2015 Moderna signs a vaccine development agreement with NIAID and


executes it with the lead on the mRNA-1273 lead developer and inventor
Guiseppe Ciaramella. https://www.documentcloud.org/documents/
6935295-NIH-Moderna-Confidential-Agreements.html

2016 NIH through Scripps Institute and Dartmouth College file patent
application WO 2018081318A1 “Prefusion Coronavirus Spike Proteins and
their Use” disclosing mRNA technology that overlaps (and is used in
tandem with) Moderna’s technology. https://patents.google.com/
patent/WO2018081318A1/en Lead Inventor Barney Scott Graham was
well known to Moderna as he’s the person at NIH that Moderna “e-
mailed” to get the sequence for SARS CoV-2 according to Moderna’s
report here (“In January 2020, once it was discovered that the infection in
Wuhan was caused by a novel coronavirus, Bancel quickly emailed Dr.
Barney Graham, deputy director of the Vaccine Research Center at the
National Institutes of Health, asking him to send the genetic sequence for
the virus.”) https://www.wsws.org/en/articles/2020/05/26/vacc-m26.html
In addition, co-inventor Jason McLellan worked with Graham on a
vaccine patent jointly owned with the Chinese government filed in
Australia in 2013 https://patents.google.com/patent/AU2014231357A1/
en?inventor=Jason+MCLELLAN.

2017 August – Sanofi buys Protein Science Corp with considerable SARS patent
holdings

2018 June – Sanofi buys Ablynx with considerable SARS patent holdings

2019 March, https://wyss.harvard.edu/news/sherlock-biosciences-licenses-wyss-


technology-to-create-affordable-molecular-diagnostics/ funded by Open
Philanthropy

September – Fauci and Dr. Chris Elias sit on the Global Preparedness
Monitoring Board for the WHO stipulating the need to have a global
exercise on the accidental or intentional release of a respiratory
pathogen by September 2020. Violation of 15 USC § 19.
September 8-16, 2020

2020 February - Fauci, Baric, and others lament the absence of funding for
coronavirus research and highlight the need to have the public see the
gravity of their commercial interest.

“Scientists who have applied for funding to study coronaviruses say that
they feel more pressure to explain why their research is relevant after an
outbreak has ended. Those in the field knew that there was much more to
be gleaned about the coronaviruses that already circulate in humans —
and that a new coronavirus could start making people sick at any time.”
https://www.statnews.com/2020/02/10/fluctuating-funding-and-flagging-
interest-hurt-coronavirus-research/

This statement was misleading as Dr. Baric’s lab had received million of
dollars of non-competitive awards from NIAID without the requirement to
“apply” for such funds.

February – Baric sits on the WHO International Committee on Taxonomy of


Viruses allowing him to declare “novel” the virus his lab participated in
isolating in Violation of 15 USC § 19.

Over 5000 patents and patent applications have included reference to SARS
Coronavirus dating back to priority dates of 1998. They are summarized below.

199 199 200 200 200 200 200 200 200 200 200 200 201 201 201 201 201 201 201 201 201 201 202 tota
         
8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 l
September 8-16, 2020

511
  file 0 0 0 0 0 120 338 290 328 297 256 188 198 207 244 371 407 466 451 416 326 199 9 file    
1

511
  issue 0 0 0 0 0 1 63 135 179 224 275 334 391 61 8 314 431 420 504 513 449 578 231 issue    
1

priorit priori 511


  10 12 29 38 129 506 487 408 335 370 279 256 303 279 322 330 348 342 208 95 25 0 0    
y ty 1

101 118 122 116 102 153


  total 10 12 29 38 129 627 888 833 842 891 810 778 892 547 574 800 777 240 total  
5 6 8 3 4 33

On July 23, 2020, the Patent Trial and Appeal Board of the United States Patent and
Trademark Office rejected Moderna’s efforts to invalidate U.S. Patent 8,058,069. This
patent, owned by Arbutus Biopharma Corp (principally owned by Roivant Science Ltd),
covers the lipid nanoparticle (LNP) required to deliver an mRNA vaccine. Some of the
core technology was based on work originally done at the University of British Columbia
and was first licensed in 1998.

mRNA-1273 – the experimental vaccine developed by Moderna for COVID-19 – uses


the LNP technology that Moderna thought it had licensed from Acuitas Therapeutics
Inc., a firm developed by a former principal of Arbutus’ prior company Tekmira. That
license did not authorize Moderna to use the technology for the COVID-19 vaccine.

M·CAM and Knowledge Ecology International have independently confirmed that


Moderna has violated U.S. law in failing to disclose the U.S. government’s funding
interest in their patents and patent applications. While this negligence impacts all of
Moderna’s over 130 granted U.S. patents, it is particularly problematic for U.S. Patent
10,702,600 (‘600) which is the patent relating to, “a messenger ribonucleic acid (mRNA)
comprising an open reading frame encoding a betacoronavirus (BetaCoV) S protein or
S protein subunit formulated in a lipid nanoparticle.” The specific claims addressing the
pivot to the SARS Coronavirus were patented on March 28, 2019 – 9 months before the
SARS CoV-2 outbreak! Both the patent and the DARPA funding for the technology
were disclosed in scientific publication (New England Journal of Medicine) but the
government funds were not acknowledged in the patent.

In 2013, the Autonomous Diagnostics to Enable Prevention and Therapeutics (ADEPT)


program awarded grant funding to Moderna Therapeutics for the development of a
new type of vaccine based on messenger RNA. The initial DARPA grant was
W911NF-13-1-0417. The company used that technology to develop its COVID-19
vaccine, currently undergoing Phase I clinical trials in conjunction with NIH (https://
crsreports.congress.gov/product/pdf/IN/IN11446).

Under the Federal Acquisition Regulation (FAR) rules, contractor to the Federal
Government must provide information regarding intellectual property infringement
issues as part of their contract. Under FAR §27.201-1(c) and (d), the Government both
requires a notice of infringement or potential infringement as well as retention of
economic liability for patent infringements. Specifically, in FAR §52.227.3 (a), the
“Contractor shall indemnify the Government and its officers, agents, and employees
against liability, including costs for infringement of any United States Patent…”. In
September 8-16, 2020

addition to the patents cited by the USPTO in their examination of ‘600, M·CAM has
identified fourteen other issued patents preceding the ‘600 patent which were used by
patent examiners to limit patents arising from the same funded research including
patents sought by CureVac.

In short, while Moderna enjoys hundreds of millions of dollars of funding allegiance and
advocacy from Anthony Fauci and his NIAID, since its inception, it has been engaged
in illegal patent activity and demonstrated contempt for U.S. Patent law. To make
matters worse, the U.S. Government has given it financial backing in the face of
undisclosed infringement risks potentially contributing to the very infringement for which
they are indemnified.

Modrena’s U.S. Patent 10,702,600 and U.S. Patent 10,702,599 share reference to this
language:

Severe acute respiratory syndrome (SARS) emerged in China in 2002 and spread to
other countries before brought under control. Because of a concern for reemergence
or a deliberate release of the SARS coronavirus, vaccine development was initiated
(emphasis added).

US10702600B1
http://patft.uspto.gov/netacgi/nph-Parser?
Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1
&f=G&l=50&s1=10702600.PN.&OS=PN/10702600&RS=PN/10702600

March 2019 reference to the “deliberate release” of SARS:


Application 16/368,270 and these four other applications:
2019024031 HPIV3 RNA VACCINES
7
2019021691 HMPV RNA VACCINES
7
2018032604 COMBINATION PIV3/HMPV RNA
5 VACCINES
2017034072 COMBINATION PIV3/HMPV RNA
5 VACCINES

On March 28, 2019 (9 months before the SARS outbreak), Moderna altered a rejected
patent application in which they stated that vaccine development for SARS
coronavirus was initiated based on concern for a “deliberate release of SARS
coronavirus”. Since 2010, Moderna has known that other companies own the patent
on lipid nanoparticles (LNP) required to deliver the vaccine. Given Moderna’s over 130
cases of violating the law in their patent filing and given their executives’ stock sales,
September 8-16, 2020

there is reason to be concerned that Dr. Anthony Fauci is setting up President Trump for
a patent infringement injunction on the eve of the vaccine approval. Dr. Fauci has
been promoting a vaccine that clearly violates the Federal Acquisition Regulations and
he’s likely known it since the company’s IPO in 2018.
September 8-16, 2020

Ralph Baric – Gilead Remdesivir

Mark Denison

Richard Whitely – Gilead Remdesivir


Moleculin https://ir.moleculin.com/press-releases/detail/167/
moleculin-announces-head-of-niaid-antiviral-drug-discovery
Shaman https://www.sfgate.com/business/article/Shaman-
Pharmaceuticals-antiviral-drug-scores-well-3124769.php

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