Moderna sues Pfizer and BioNTech in Germany and the US, alleging Covid vaccine patent infringement

It argues that Pfizer and BioNtech's vaccine infringes patents Moderna filed between 2010 and 2016 for its messenger RNA or mRNA technology.

In the past, vaccines were generally made using parts of a virus, or inactivated virus, to stimulate an immune response. All three companies' Covid-19 vaccines used mRNA technology which is a new way to make vaccines: the vaccines use messenger RNA created in a lab to send genetic instructions that teach our cells to make a protein or part of a protein that triggers an immune response.

Moderna is not looking to remove the Pfizer and BioNTech vaccine from the market but, rather, is seeking monetary damages.

Moderna is filing the lawsuits against Pfizer and BioNTech in the US District Court in Massachusetts and the Regional Court of Düsseldorf in Germany. The lawsuit at Düsseldorf Regional Court is new. In all likelihood, the court will split the lawsuit according to the two patents belonging to Pfizer and BioNTech. In the US, Moderna sued Pfizer as well as BioNTech SE and BioNTech US Inc, it also sued the German subsidiary, BioNTech Manufacturing GmbH.

WilmerHale, as lead counsel, filed the lawsuits for Moderna in the US. Freshfields Bruckhaus Deringer filed the suits in Europe, with Amsterdam partner Rutger Kleemans coordinating proceedings. Frank-Erich Hufnagel and Nina Bayerl filed the lawsuits in Düsseldorf. Joachim Renken, James Ogle from Hoffmann Eitle, which has a long-standing relation with Moderna, provided technical support for the German lawsuits. However, parties have never challenged EP 949 and EP 565 in oppositions.

BioNTech has brought in Hoyng Rokh Monegier to handle their defense in Germany. Düsseldorf-based partner Christine Kanz is also defending the Mainz-based company against CureVac’s latest claim, also in Düsseldorf.