October 2, 2022

Moderna Sues Pfizer, BioNTech Over COVID Vaccines

Noua accused partners Pfizer plus BioNTech of violating essential mRNA patents

Noua announced on Friday that it’s  suing rivals Pfizer and BioNTech SE, claiming that the mRNA technology within their Covid-19 jab  infringes upon its patents.

The lawsuit, filed in the US District Court within Massachusetts as well as in Australia, seeks unspecified monetary damages for patent infringement plus sets the stage pertaining to a  massive lawful battle   between three vaccine makers.

In a Friday statement, the Cambridge,   Massachusetts-based Moderna accused partners Pfizer and BioNTech of violating  key mRNA patents   in the progress the Comirnaty vaccine. The organization says it had patents from 2010 to 2016 on mRNA technology which made its Spikevax jab possible, which the other 2 companies  copied with no permission .

Moderna said  it’s not asking the particular courts to pull the Pfizer-BioNTech Covid vaccine from the market   nor in order to block future sales. The organization is seeking damages for that period  starting March 8 of this year   and says   it will not seek damages for Pfizer’s sales in order to 92 lower- and middle-income countries.   Earlier in the Covid crisis, Noua promised not to enforce its intellectual property during the outbreak, but on March seven it  modified that pledge  to apply only to lower-income countries, essentially making this litigation probable. -Bloomberg

“ We are submitting these lawsuits to protect the innovative mRNA technology system that we pioneered, invested vast amounts of dollars in creating,   and patented throughout the decade preceding the Covid-19 pandemic , ” stated Moderna CEO Stephane Bancel in a statement.

Pfizer recorded almost  $37 billion in sales from Comirnaty  this past year, while Moderna made approximately $18 billion from Spikevax.

The lawsuit is the latest – and undoubtedly will be the largest – within the industry. Earlier this year, Alnylam Pharmaceuticals sued Moderna, Pfizer and BioNTech over lipid nanoparticle technology used in each of their Covid vaccines, whilst Moderna has been in a legal struggle with the National Institutes of Health (NIH) over whether agency scientists should be listed as inventors on their jab.

In their legal action, Moderna says Pfizer plus BioNTech had other options yet “ decided to proceed using a vaccine that has the same precise mRNA chemical modification in order to its vaccine” as their therapy. It also accused the set of copying its method of encoding a full-length spike protein in a lipid nanoparticle.

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