Tuesday, London’s High Court invalided one of Moderna’s patents on technology essential for the development of COVID-19 vaccines and found that another had been infringed by Pfizer and BioNTech’s competing vaccine.
In September 2022, Pfizer together with its German partner, BioNTech, dragged Moderna before the London High Court alleging that two of its patents were invalid while Moderna replied asserting that the company had trespassed upon its own property a few days afterwards.
The court invalidated one of two Moderna patents relating to mRNA technology but held that another related patent was valid and it has been breached by Comirnaty vaccine produced by Pfizer and BioNTech.
In addition to Ireland and at the European Patent Office, these lawsuits have also taken place in Germany, Netherlands, Belgium as well as United States resulting in a series of legal battles across different countries around the world.
According to Pfizer and BioNTech said in a statement published Tuesday: “We are pleased that one Moderna patent has been declared invalid; however we disagree with the court’s decision on the other one and intend to apply for permission to appeal.”
“This lawsuit does not affect the safety or effectiveness profile of our vaccine, which has been confirmed by all relevant regulators worldwide.
“Regardless of how this case is decided from a legal standpoint, we will produce and deliver our COVID-19 vaccine with Pfizer-BioNTech as per contracted terms.”
