Moderna’s long-running patent dispute with Pfizer and BioNTech intensified Tuesday after London’s High Court of Justice upheld one of Moderna’s key mRNA patents, but invalidated another.
The court determined that Pfizer and BioNTech have infringed Moderna’s patent EP949, which covers mRNA technology containing a certain RNA modification. The decision marks a semi-win for Moderna amid ongoing Covid patent litigation against Pfizer and BioNTech in the US, UK, Ireland, Germany, Belgium and the Netherlands.
Moderna said Tuesday that it’s “pleased” with the London court’s decision to uphold EP949. The patent was previously invalidated by a Netherlands court in December, though the decision applies only to that country. However, Moderna added that it disagrees “with some other aspects of the decisions and will consider addressing those issues on appeal.”
The London court also invalidated Moderna’s patent EP565, which covers “respiratory virus vaccines,” including for MERS and SARS, according to a claim in the European Patent Office. The EPO also tossed EP565 in a decision late last year.
BioNTech reiterated its stance that “neither of these patents is valid” in a statement to Endpoints News on Tuesday, noting that the company and Pfizer will look to appeal the EP949 decision.
“Irrespective of the outcome of this legal matter, we will continue to manufacture and supply the Pfizer-BioNTech Covid-19 vaccine in line with our agreements and established supply schedules,” a BioNTech spokesperson said.
In the US, a Massachusetts federal judge recently put Moderna’s lawsuit against Pfizer and BioNTech on hold while the US Patent and Trademark Office reviews two challenges.
Moderna’s Covid-19 vaccine Spikevax generated $6.7 billion in 2023 sales, while Pfizer reported $11.2 billion in Comirnaty sales in the same year.