New York, Aug 26 : Biotechnology major Moderna on Friday filed a lawsuit against rival Pfizer and BioNTech over claims of violation of its messenger RNA (mRNA) patents on vaccine technology.In the lawsuit that Moderna filed in the US and Germany, Moderna alleged that Pfizer and BioNTech’s Covid-19 vaccination “Comirnaty” illegally violates patents Moderna filed between 2010 and 2016 to protect its mRNA-based mRNA technology as its foundational technology, essential to the creation of Moderna’s own mRNA vaccination Spikevax, Moderna’s own mRNA vaccine.
“We are making these lawsuits in order to protect the mRNA technology platform we invented and put in millions of dollars in developing, and patenting in the decade before the COVID-19 pandemic.” declared Moderna CEO Stephane Bancel.
The company claims it was the case that Pfizer as well as BioNTech copied this technology without Moderna’s permission, in order to create Comirnaty.
In October of 2020, Moderna has pledged to not implement its Covid-19 related patents as the pandemic remained.
In the month of March 2022 as the global fight against Covid-19 began a new phase and vaccine availability was no any longer a barrier to access in several parts of the globe, Moderna updated its pledge.
It was clear that it will not apply its patents to any Covid vaccine that is used in the 92 middle- and low-income nations, Moderna expected companies such as Pfizer and BioNTech to respect its intellectual property rights and to look into a commercially reasonable licence in the event that they requested one for markets outside of the.Pfizer and BioNTech haven’t done this.
“We think that Pfizer and BioNTech illegally copied Moderna’s ideas and continue to make use of these inventions without permission” stated Moderna Chief Legal Officer Shannon Thyme Klinger.
“Outside of 92 countries, where vaccine availability is no any longer a barrier to access, Moderna expects Pfizer and BioNTech to compensate Moderna for the continued use by Comirnaty of Moderna’s patent-pending technology,” Klinger added.
Moderna said it isn’t seeking to eliminate Comirnaty from its market, and isn’t seeking an injunction to stop the sale of Comirnaty in the future.
In further, Moderna said it is not seeking damages relating to Pfizer’s sales in 92 countries and it is not seeking damages for Pfizer’s sales in cases where the US government is accountable for any damages
Moderna believes that Pfizer as well as BioNTech copied two of the key characteristics of Moderna’s patent-pending technologies that are crucial for the effectiveness of the mRNA vaccine.
“When Covid-19 emerged, neither Pfizer nor BioNTech had the level of Moderna’s of expertise with developing mRNA vaccines to treat infections, so they had knowingly following Moderna’s example in creating their own vaccine” the company said.
Pfizer/BioNTech are also accused of patent infringements by CureVac.
Moderna is also being sued by biotechnology firms Arbutus Biopharma and Genevant Sciences.
Another biotechnology business, Alnylam, is suing both Pfizer/BioNTech and Moderna for the same technology.
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