Moderna alleges Pfizer/BioNTech copied technology that Moderna had developed years before the pandemic began. Source: Wikimedia Commons.
Moderna has sued Pfizer and its German partner BioNTech for patent infringement in developing the COVID-19 vaccine, alleging Moderna technology was copied.
The lawsuit alleges Pfizer/BioNTech copied the mRNA technology Moderna had patented between 2010 and 2016, before COVID-19 emerged.
In the early days of the pandemic, Moderna said it would not be enforcing its COVID-19 patents to help others develop their own vaccines.
Then in March 2022, Moderna said companies such as Pfizer and BioNTech are expected to respect its intellectual property rights.
Moderna will not be seeking damages for any activity before 8 March 2022.
“Moderna believes that Pfizer and BioNTech’s COVID-19 vaccine Comirnaty infringes patents Moderna filed between 2010 and 2016 covering Moderna’s foundational mRNA technology,” Moderna’s news release said.
“This groundbreaking technology was critical to the development of Moderna’s own mRNA COVID-19 vaccine, Spikevax.
“Pfizer and BioNTech copied this technology, without Moderna’s permission, to make Comirnaty.”
Moderna also added the lawsuit is not intended to stop people from getting vaccines.
Pfizer has come out saying it was surprised to hear about the lawsuits and will strongly defend against the allegations.
“Pfizer/BioNTech has not yet fully reviewed the complaint but we are surprised by the litigation given the Pfizer/BioNTech COVID-19 Vaccine was based on BioNTech’s proprietary mRNA technology and developed by both BioNTech and Pfizer,” the US pharma giant said.
“We remain confident in our intellectual property supporting the Pfizer/BioNTech vaccine and will vigorously defend against the allegations of the lawsuit.”
BionNTech’s statement on the patent infringement lawsuit said “BioNTech’s work is original, and we will vigorously defend against all allegations of patent infringement”.
“BioNTech also values and respects valid and enforceable intellectual property rights of others and remains confident in its intellectual property.”
The lawsuit seeking undetermined monetary damages was filed in the US District Court of Massachusetts and Moderna and will also be filed in the Regional Court of Düsseldorf in Germany.
