Moderna, a pharmaceutical company, has taken legal action against its rival, Pfizer, and its German partner BioNTech, alleging patent infringement in the development of the first Covid-19 vaccine.
The US-based Moderna claims that the mRNA technology it developed before the pandemic was unlawfully replicated.
According to Moderna, Pfizer/BioNTech infringed on two types of its intellectual property. The first involves an mRNA structure that Moderna’s scientists began developing in 2010 and validated in human trials in 2015.
The second alleged infringement concerns the coding of the spike protein on the outer surface of the virus itself.
Stephane Bancel, Moderna’s chief executive, stated, “We are filing these lawsuits to protect the innovative mRNA technology platform that we pioneered, invested billions of dollars in creating, and patented during the decade preceding the Covid-19 pandemic.”
The lawsuit, seeking unspecified financial damages, has been filed in the US and Germany.
Pfizer expressed surprise at the legal action and pledged to defend itself against the allegations.
Moderna, established as a company in 2010, was an early developer of the mRNA technology used commercially for the first time in Covid vaccines.
The vaccine utilizes a molecule of genetic code known as messenger RNA to induce an immune response.
The RNA trains the body to combat the actual virus upon exposure to it.
In the early stages of the pandemic, Moderna announced that it would not enforce its patents to support other drug companies in developing their vaccines, especially for low- and middle-income countries.
However, in March 2022, the company stated that competitors like Pfizer and BioNTech must respect its intellectual property rights.
Patent disputes are common in new technology development, and Moderna itself is facing alleged patent infringement claims in an ongoing dispute with the US National Institutes of Health.