Pharma giant Moderna is suing Pfizer/BioNTech for patent infringement in developing the first COVID-19 vaccine approved in the US. The firm is alleging they copied tech developed by the firm before the pandemic.
Moderna to sue Pfzier/BioNTech
Moderna is suing Pfizer and Germany-based BioNTech for patent infringement in developing the covid-119 vaccine. The pharma giant is alleging they copied tech developed by their firm years before the pandemic. before this, Pfizer and BioNTech’s shares fell by 1.4 and 2 percent respectively. The lawsuit seeking undetermined monetary charges is filed in the U.S. District Court in Massachusetts and Germany’s Regional Court of Dusseldorf. Moderna Inc. and the partnership between Pfizer and BioNTech were the first in the race of developing a vaccine for the SARS-CoV-2. “We are filing 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,” stated Stephane Bancel. Bancel is the company’s, Chief Executive.
mRNA technology and IP rights
Without the breakthrough offered by mRNA vaccines, an approval process for a vaccine would take years to complete. The new technology made it possible to approve a life-saving vaccine in a matter of months. mRNA vaccine essentially teaches human cells to make protein and in turn trigger an immune response. The US Foof and Drug Administration (FDA) approved the vaccine for Pfizer/BioNTech in December 2020 for emergency use. One week later, Moderna also receive FDA approval. BioNTech was also working on mRNA vaccines and partnered with US-based Pfizer.
Moderna is alleging that Pfizer/BioNTech copied their mRNA technology without permission. The firm was working on technology from 2010 to 2016 and patented it. Early into the pandemic, they stated it will not enforce its patents to help others develop their vaccines. However, in March 2022, Moderna stated it expected firms such as Pfizer and BioNTech to respect rights for intellectual property. OIt added that it will not seek damages for activities before March 8, 2022.
More on the issue
Pfizer and BioNTech are facing multiple lawsuits from companies claiming the partnership’s vaccine is infringing on their patents. Germany’s CureVac also filed a lawsuit against BioNTech in July. The partnership stated they will vigorously defend their patents. Additionally, Moderna has also been sued for patent infringement regarding the same technology. It has an ongoing dispute over the rights to mRNA technology with the US National Institutes of Health (NIH).
“Pfizer and BioNTech took four different vaccine candidates into clinical testing, which included options that would have steered clear of Moderna’s innovative path. Pfizer and BioNTech, however, ultimately decided to proceed with a vaccine that has the same mRNA chemical modification to its vaccine,” stated Moderna.