Moderna Files Patent Suit Against Pfizer/BioNTech
Moderna has filed a patent infringement lawsuit against Pfizer/BioNTech in Massachusetts federal court over their Comirnaty Covid-19 vaccine. Moderna alleges that the vaccine “infringes patents Moderna filed between 2010 and 2016 covering Moderna’s foundational mRNA technology. 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 says that it had pledged in 2020 at the beginning of the pandemic to not enforce its Covid-related patents while the pandemic continued. “In March 2022, when the collective fight against Covid-19 entered a new phase and vaccine supply was no longer a barrier to access in many parts of the world, Moderna updated its pledge,” the company says. It expected companies like Pfizer and BioNTech to respect its intellectual property rights and would consider a commercial license should they request one, but they “failed to do so,” Moderna says.
Pfizer had this to say in a statement provided to FDA Webview 8/26: 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. We remain confident in our intellectual property supporting the Pfizer/BioNTech vaccine and will vigorously defend against the allegations of the lawsuit.”