UK court gives mixed ruling in Pfizer v Moderna COVID vaccine patents case

London’s High Court on Tuesday ruled that one of Moderna’s patents relating to technology key to the development of vaccines for COVID-19 was invalid, but that another was valid and had been infringed by
Pfizer and BioNTech’s rival vaccine.

Pfizer and its German partner BioNTech sued Moderna  at London’s High Court in September 2022, seeking to revoke two patents held by Moderna, which hit back days later alleging its patents had been infringed.

The High Court ruled that one of Moderna’s two patents relating to messenger RNA (mRNA) technology was invalid, but that another similar patent was valid and that Pfizer and BioNTech’s Comirnaty vaccine had infringed it.

Tuesday’s ruling is the latest in a global legal battle, with parallel proceedings in Germany, the Netherlands, Belgium and the United States, as well as in Ireland and at the European Patent Office.
Pfizer and BioNTech said in a statement that they were pleased one Moderna patent was found to be invalid, but disagreed with the court’s decision on the other and that the companies would seek permission to appeal.

The two companies said: “These proceedings have no bearing on the safety and efficacy profile of our vaccine, as established by regulators worldwide.

“Irrespective of the outcome of this legal matter, we will continue to manufacture and supply the Pfizer-BioNTech COVID-19 vaccine in line with our agreements and established supply schedules.”

A spokesperson for Moderna said the company was pleased the court “recognized the innovation of Moderna scientists by confirming the validity and infringement” of one of its patents.

The spokesperson added: “We disagree with some other aspects of the decisions and will consider addressing those issues on appeal.”