Moderna has filed patent infringement lawsuits against Pfizer and BioNTech, alleging that the companies copied the mRNA technology platform that Moderna had developed ‘years before’ the COVID-19 pandemic.
The company believes that Pfizer and BioNTech’s COVID-19 vaccine – Comirnaty – infringes patents Moderna filed between 2010 and 2016 covering Moderna’s foundational mRNA technology.
Stéphane Bancel, chief executive officer, Moderna, said: “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.”
The lawsuit, which seeks undetermined monetary damages, was filed in US District Court in Massachusetts, and in the Regional Court of Düsseldorf in Germany, Moderna said.
Moderna believes Pfizer and BioNTech copied two key features of its patented technologies, which the company maintains are ‘critical’ to the success of mRNA vaccines.
One involves a chemical modification that avoids provoking an undesirable immune response, which Moderna says its scientists were the first to demonstrate in human trials in 2015.
The second alleged infringement involves the use of a lipid nanoparticle formulation, which the company says it developed ‘years before’ COVID-19 emerged.
“We believe that Pfizer and BioNTech unlawfully copied Moderna’s inventions, and have continued to use them without permission,” said Moderna chief legal officer Shannon, Thyme Klinger.
She added: “Outside of AMC 92 countries, where vaccine supply is no longer a barrier to access, Moderna expects Pfizer and BioNTech to compensate Moderna for Comirnaty’s ongoing use of Moderna’s patented technologies. 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.”
The company outlined that it is not aiming to remove the Pfizer/BioNTech vaccine from the market or prevent future sales of its vaccine. In addition, it is not seeking damages related to Pfizer’s sales to AMC 92 countries and is not seeking damages for Pfizer’s sales where the US Government would be responsible for any damages.
BioNTech said in a statement that the work is original, calling the lawsuit ‘unfortunate’.
‘We will vigorously defend against all allegations of patent infringement,’ the company said.