In the ongoing patent disputes surrounding COVID-19 vaccines, Moderna has expanded its legal battle against Pfizer and BioNTech by filing two new lawsuits. According to reports from Juve Patent, Moderna has sought damages from both companies for alleged patent infringement. The lawsuits have been filed in the High Court in Dublin, Ireland, and the Brussels Commercial Court in Belgium. The Dublin court is expected to hear the case in early 2024, while the status of the Belgian lawsuit remains less clear. Moderna aims to protect its intellectual property related to mRNA technology, focusing on Spikevax patents.
The legal landscape surrounding mRNA patents has become increasingly complex. Moderna initiated the litigation last year by filing patent infringement lawsuits in the United States and Germany. Additionally, Moderna has sued Pfizer and BioNTech in the Netherlands and the United Kingdom. Moderna clarifies that its intention is not to remove Pfizer’s Comirnaty vaccine from the market or target sales in low- and middle-income countries covered by the COVAX initiative. Instead, the company seeks compensation and damages for Pfizer-BioNTech’s alleged violation of patents related to lipid nanoparticle delivery and spike protein encoding, among other aspects.
However, Moderna’s lawsuits are only a fraction of the broader legal landscape surrounding COVID-19 vaccines. Pfizer and BioNTech responded to Moderna’s initial lawsuit with a U.S. countersuit, accusing Moderna of stretching its patents and trying to claim credit for others’ work. Apart from the Moderna-Pfizer legal battle, other players have also brought patent litigation related to mRNA vaccine technology. Arbutus Biopharma and Genevant Sciences sued Moderna over alleged patent infringement, while Pfizer is involved in patent disputes with Germany’s CureVac. Alnylam Pharmaceuticals has sued both Pfizer and Moderna, claiming a violation of its ‘933 patent and seeking royalties from vaccine sales.
The outcome of the various lawsuits remains uncertain, but the potential financial stakes are significant. Both Pfizer and Moderna have generated substantial revenue from their respective COVID-19 vaccines, making successful infringement claims potentially lucrative in terms of damages or royalties. The legal disputes highlight the importance of intellectual property protection and competition within the rapidly advancing field of mRNA-based therapeutics.
