Covid vaccines, Moderna sues Pfizer-BioNTech: “He violated our patents with the mRna technique”

Modern announces that it has filed two patent infringement lawsuits against Pfizer and Biontech in the United States District Court for the District of Massachusetts and in the Dusseldorf Regional Court in Germany. According to a statement, Moderna believes that Pfizer and Biontech’s covid-19 vaccine, Comirnaty, infringes the patents that Moderna filed between 2010 and 2016 on Moderna’s core mrna technology.

“This technology revolutionary was fundamental for the development of Moderna’s mrna covid-19 vaccine, spikevax – the statement reads -. Pfizer and Biontech copied this technology, without modern permission, to make comirnaty. “” We are filing these lawsuits to protect the innovative mrna technology platform we created and invested billions of dollars on during the decade preceding the pandemic – said st├Ęphane bancel, managing director of Moderna – this fundamental platform, which we started building in 2010, together with our patented work on coronaviruses in 2015 and 2016, has allowed us to produce a safe and highly effective covid-19 vaccine. in record time after the outbreak of the pandemic. As we work to combat continuing health challenges, Moderna is using our mrna technology platform to develop medicines that can treat and prevent infectious diseases such as influenza and HIV, as well as autoimmune and cardiovascular diseases and rare forms of cancer. ” .

Consistent with its commitment to equitable global access to vaccines – continues the release – in modern October 2020 it undertook not to enforce its patents related to covid-19 while the pandemic was underway. In March 2022, as the collective fight against covid-19 entered a new phase and vaccine provision no longer represented a barrier to entry in many parts of the world, Moderna updated its commitment by explaining that it would never enforced its patents for vaccines used in 92 low- and middle-income countries as part of the gavi-covax amc 92 initiative. At the same time modern companies like pfizer and biontech were expected to respect its intellectual property rights and was ready to consider a “commercially reasonable license” should it be required for other markets. “Pfizer and biontech have never done that.” “We believe that pfizer and biontech illegally copied modern inventions and continued to use them without authorization – explains shannon thyme klinger, modern chief legal officer – outside of amc 92 countries, where the supply of vaccines is no longer a barrier. at access, Moderna expects pfizer and biontech to compensate modern for comirnaty’s continued use of Moderna’s patented technologies. “
Recognizing the need to guarantee continuous access to these life-saving vaccines – concludes the press release – modern does not seek to remove comirnaty from the market and does not ask for an injunction to prevent its future sale. In addition, Moderna does not claim damages related to the sales of Pfizer in amc 92 countries and does not ask for damages for the sales of Pfizer where the US government would be liable for any damages. Consistent with the modern patent promise, the company does not even ask for compensation for activities that occurred before March 8, 2022.


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