Moderna Inc. on Friday filed lawsuits against Pfizer Inc. and German partner BioNTech SE, alleging the pair infringed patents relating to its mRNA platform, a key technology behind all of their COVID vaccines.
Pfizer and BioNTech responded by saying they had not yet fully reviewed Moderna’s complaint, “but we are surprised by the litigation given the Pfizer/BioNTech COVID-19 Vaccine was based on BioNTech’s proprietary mRNA technology and developed by both BioNTech and Pfizer. Then Pfizer and BioNTech copied Moderna’s approach to encode for the full-length spike protein in a lipid nanoparticle formulation for a coronavirus. That approach was developed when Moderna created a vaccine for the virus that causes Middle East Respiratory Syndrome, or MERS, years before COVID emerged.
Moderna would consider a “commercially reasonable license,’ should Pfizer and BioNTech request one for other markets, but the pair have not done so. It is not attempting to have Corminraty removed from the market, but is seeking monetary damages for sales since March of this year.
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