Biotechnology major Moderna on Friday sued rival Pfizer and BioNTech over alleged violation of its runner RNA( mRNA) vaccine technology patents.
In the action filed in the US and Germany, Moderna contended that Pfizer and BioNTech’s Covid- 19 vaccine’ Comirnaty’ unlawfully infringes patents Moderna filed between 2010 and 2016 for its foundational mRNA technology, critical to the development of Moderna’s own mRNA vaccine,’ Spikevax’.
” We’re filing these suits to cover the innovative mRNA technology platform that we innovated, invested billions of bones in creating, and patented during the decade antedating the COVID- 19 epidemic,” said Moderna CEO Stephane Bancel.
The company said that Pfizer and BioNTech copied this technology, without Moderna’s authorization, to make Comirnaty.
In October 2020, Moderna pledged not to apply its Covid- 19 affiliated patents while the epidemic continued.
In March 2022, when the collaborative fight against Covid- 19 entered a new phase and vaccine force was no longer a hedge to pierce in numerous corridor of the world, Moderna streamlined its pledge.
It made clear that while it would noway apply its patents for any Covid vaccine used in the 92 low- and middle- income countries, Moderna anticipated companies similar as Pfizer and BioNTech to admire its intellectual property rights and would consider a commercially reasonable license should they request one for other requests. Pfizer and BioNTech have failed to do so.
” We believe that Pfizer and BioNTech unlawfully copied Moderna’s inventions, and they’ve continued to use them without authorization,” said Moderna Chief Legal Officer Shannon Thyme Klinger.
” Outside of 92 countries, where vaccine force is no longer a hedge to pierce, Moderna expects Pfizer and BioNTech to compensate Moderna for Comirnaty’s ongoing use of Moderna’s patented technologies,” Klinger added.
Moderna said it isn’t seeking to remove Comirnaty from the request and isn’t asking for an instruction to help its unborn trade. In addition, Moderna said it isn’t seeking damages related to Pfizer’s deals to 92 countries and isn’t seeking damages for Pfizer’s deals where the US government would be responsible for any damages
Moderna believes Pfizer and BioNTech copied two crucial features of Moderna’s patented technologies which are critical to the success of mRNA vaccines.
” When Covid- 19 surfaced, neither Pfizer nor BioNTech had Moderna’s position of experience with developing mRNA vaccines for contagious conditions, and they deliberately followed Moderna’s lead in developing their own vaccine,” said the company.
Pfizer/ BioNTech have also been sued for patent violation by CureVac.
Moderna is also facing suits from biotechnology companies Arbutus Biopharma and Genevant lores.
Another biotechnology company, Alnylam, is suing both Pfizer/ BioNTech and Moderna over a analogous technology.
