Moderna accuses Pfizer/BioNTech of patent infringement over the tech behind its COVID vaccine
A legal battle is brewing between makers of vaccines against COVID-19.
Cambridge-based Moderna is accusing Pfizer and BioNTech of patent infringement over the mRNA technology behind its COVID vaccine.
“We believe that Pfizer and BioNTech unlawfully copied Moderna’s inventions, and they have continued to use them without permission,” said Shannon Thyme Klinger who is Moderna’s Chief Legal Officer. “Our mission to create a new generation of transformative medicines for patients by delivering on the promise of mRNA science cannot be achieved without a patent system that rewards and protects innovation.”
Moderna says the lawsuit is being filed in the United States District Court for the District of Massachusetts.
Moderna says its believes that Pfizer and BioNTech’s COVID-19 vaccine Comirnaty infringes on patents Moderna filed between 2010 and 2016 covering Moderna’s foundational mRNA technology.
“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,” said Moderna Chief Executive Officer Stéphane Bancel.
”This foundational platform, which we began building in 2010, along with our patented work on coronaviruses in 2015 and 2016, enabled us to produce a safe and highly effective COVID-19 vaccine in record time after the pandemic struck,” said Bancel.
Moderna and Pfizer’s two-shot vaccines both use mRNA technology to help patients fight the coronavirus.
A Pfizer spokeswoman declined to comment, saying the company had not been served with a copy of the litigation.
BioNTech did issue a statement.
“BioNTech’s work is original, and we will vigorously defend against all allegations of patent infringement. BioNTech also values and respects valid and enforceable intellectual property rights of others and remains confident in its intellectual property. It is an unfortunate but rather regular occurrence that other companies make allegations that a successful product potentially infringes their intellectual property rights...”
The mRNA vaccines work by injecting a genetic code for the spike protein that coats the surface of the coronavirus. That code, the mRNA, is encased in a little ball of fat, and instructs the body’s cells to make some harmless spike copies that train the immune system to recognize the real virus.
Moderna said it recognizes the importance of vaccine access and is not seeking to remove Comirnaty from the market. It also is not asking for an injunction to prevent future sales.
Editor’s Note: Material from the Associated Press was used in this report.
This is a developing story. Check back for updates as more information becomes available.
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