Legal battle ensues between Moderna and Pfizer and BioNTech

Moderna is suing Pfizer and BioNTech over claims made that the latter has allegedly infringed upon three patents filed in 2010 and 2016 in relation to the mRNA technology.

Two separate lawsuits were filed in the U.S. District Court in Massachusetts, and Germany.

Moderna is seeking damages incurred since March this year, including royalties and lost profits. This comes after enforcing Covid-related patents in wealthier countries despite pledging not to so do previously given the state of emergency.

They claim that Pfizer and BioNTech have copied crucial features of its patented technology – making the same chemical modification to their mRNA protein, and similarly targeting the spike protein.

However, Moderna would not be seeking damages from Pfizer’s sales to the world’s poorest countries; nor from the U.S. Government whom has procured hundreds of millions of the Pfizer-BioNTech vaccine.

On the other hand, Pfizer and BioNTech have come forth saying that the companies were “surprised by the litigation” and “remain confident” that their “work is original, and (they) will vigorously defend against all allegations of patent infringement.

This is not Moderna’s first dispute over recognition during this fight against Covid-19.

While pharmaceutical patent law expert Christopher Morten stated that “it seems to me that Moderna is really just looking for a cut of Pfizer’s profits”, Ameet Sarpatwari, another field expert said that this lawsuit “really is who is going to be, in the future, the go-to source that other companies may have to license from.”

Experts agree that regardless of the outcome, the access or development of Covid-19 vaccines is unlikely to be impeded. The outcome could likely dictate who controls and profits more from the patented technology.

 

Full story at The New York Times