(Finance) – Moderna biotechnology company specializing in messenger RNA (mRNA) therapies and vaccines, ha patent infringement lawsuit filed versus Pfizer And BioNTech in the United States District Court of the Massachusetts District and the Düsseldorf Regional Court in Germany. The US company believes that Pfizer and BioNTech’s (Comirnaty) COVID-19 vaccine violates patents that Moderna filed between 2010 and 2016 on mRNA technology (critical to the development of Moderna’s COVID-19 mRNA vaccine, Spikevax). According to Moderna, the other two biotechs copied this technology, without Moderna’s permission, to make Comirnaty.
“We are taking these lawsuits to protect the innovative mRNA technology platform that we pioneered, invested billions of dollars in creating and patented during the decade preceding the COVID-19 pandemic,” said Stéphane Bancel, Moderna’s chief executive. “This fundamental platform, we have started building in 2010, along with our patented coronavirus work in 2015 and 2016allowed us to produce a safe and highly effective COVID-19 vaccine in record time after the outbreak of the pandemic, “he added.
In October 2020, Moderna pledged not to enforce its COVID-19 patents as the pandemic continued. In March 2022, as the fight against COVID-19 entered a new phase, she made it clear that while she would not apply her patents in 92 low- and middle-income countries. At this point, Moderna expected Pfizer and BioNTech to respect its intellectual property rights by entering into “a commercially reasonable license“.
“We believe Pfizer and BioNTech have illegally copied inventions of Moderna and have continued to use them without authorization “- said Shannon Thyme Klinger, Moderna Chief Legal Officer – Outside 92 countries, Moderna expects Pfizer and BioNTech to compensate Moderna for Comirnaty’s continued use of technologies patented by Moderna “.
Moderna specified of don’t be trying to remove Comirnaty from the market and it is not asking for an injunction to prevent its future sale. It also does not claim damages related to Pfizer sales in 92 countries or Pfizer sales where the US government would be liable for any damages.