Moderna secured a crucial win in its ongoing patent dispute with Pfizer and BioNTech over mRNA technology used in COVID-19 vaccines. The European Patent Office has upheld the validity of one of Moderna's pivotal patents, dealing a blow to Pfizer-BioNTech's countersuit, which alleged the patent was invalid.
The legal battle began in 2022 when Moderna accused Pfizer and BioNTech of copying its mRNA technology for their COVID-19 vaccine, Comirnaty. The vaccines from both companies have generated substantial revenue during the pandemic, intensifying the stakes of the dispute.
Pfizer expressed disappointment with the ruling and indicated that it is considering all legal options, including a possible appeal. "Irrespective of the outcome of this legal matter, we will continue to manufacture and supply the Pfizer-BioNTech COVID-19 vaccine," Pfizer stated. BioNTech reiterated its stance, asserting that the upheld patent remains invalid in their view.
The oral decision from the European Patent Office was issued on Thursday, with a written decision expected to follow in the coming months. This ruling is part of a broader legal landscape, as the companies are also engaged in related patent proceedings in Germany, the Netherlands, Belgium, England, and the United States.
In the U.S., a Massachusetts federal court recently paused a related patent lawsuit while the U.S. Patent Office evaluates the validity of two out of three contested Moderna patents.
This decision marks a significant moment in the ongoing global patent wars between the pharmaceutical giants, shaping the future landscape of mRNA vaccine technology and its associated intellectual property rights.
