Moderna Sues Pfizer, BioNTech Over Use of Its Patented Technologies

Biotech company Moderna has announced it is filing lawsuits against Pfizer and BioNTech, accusing them of using patented technologies without a license in their joint coronavirus vaccine, Moderna reported in a press release.

"We are filing these lawsuits to protect the innovative mRNA vaccine technology platform that we invested billions of dollars in and patented long before the pandemic. We believe that Pfizer and BioNTech have illegally copied two key features of Moderna's technology and are continuing to use them without permission," the company said in a statement.

According to the press release, in October 2020, Moderna committed not to enforce its COVID-19-related patents for the duration of the pandemic, but updated its terms in March 2022, when the disease situation had subsided and vaccine shortages had disappeared. Specifically, the company committed not to enforce its patent rights for coronavirus vaccines supplied to 92 low- and middle-income countries, but for other markets, the company hoped that Pfizer and BioNTech would consider acquiring a commercial license to use the patented technologies.

At the same time, the press release notes, Moderna does not intend to seek the removal of the Comirnaty vaccine from the market, will not seek compensation for damages for the supply of vaccines to 92 low- and middle-income countries, or for activities carried out before March 8, 2022.

• Spikevax, a vaccine developed by Moderna, is one of the most widely used coronavirus vaccines. Along with Comirnaty, it has been the backbone of the U.S. vaccination strategy. As of August 26, the U.S. has administered 360,175,884 doses of the Pfizer/BioNTech vaccine and 229,236,868 doses of the Moderna vaccine.