Moderna sues Pfizer & BioNTech for patent infringement on Covid vac tech

Source: Politico | August 26, 2022 | Lauren Gardner

Moderna sues Pfizer and BioNTech for patent infringement on Covid vaccine technology

Moderna said it’s not seeking to have the Pfizer-BioNTech vaccine removed from the market, nor is it seeking an injunction preventing future sales.

Moderna sued Pfizer and BioNTech in U.S. and German courts Friday, accusing the vaccine competitors of copying its messenger RNA technology that was the novel basis for Covid vaccines.

The company said it’s not seeking to have the Pfizer-BioNTech vaccine removed from the market nor is it seeking an injunction preventing future sales, so the lawsuit will not affect the expected rollout of reformulated boosters in September. But Moderna said it is seeking damages for revenue Pfizer and BioNTech made from U.S. sales as of March 8, when it updated its pledge not to enforce any patents pertaining to Covid during the pandemic, and from the domestic manufacture of doses for other countries outside the Covax bloc.

Moderna alleges that Pfizer infringed on two key components of its patented mRNA technology platform: the mRNA chemical modification first developed by Moderna scientists and encoding the full spike protein into the vaccine, a design Moderna says was based on its earlier coronavirus research. The lawsuit is based on three patents Moderna filed between 2011 and 2016, long before the company partnered with the National Institutes of Health to test and develop its Covid vaccine.

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