Pfizer and Moderna Engage in Patent Warfare Over COVID-19 Vaccines with Major Rulings

In the ongoing global patent disputes surrounding COVID-19 vaccines, Pfizer and BioNTech scored a significant victory this week against rival Moderna as two crucial decisions were rendered in the United States and Germany.

On Wednesday, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) declared that all challenged claims in two of Moderna's vaccine patents are "unpatentable." This unexpected ruling follows Moderna's 2022 lawsuit against Pfizer and BioNTech for alleged infringement of three patents, including the two invalidated by the PTAB.

Moderna had contended that it was the pioneer in discovering the effectiveness of "using mRNA encoding for a full-length coronavirus spike protein in a lipid nanoparticle formulation" for generating neutralizing antibodies. The disputed patents, referred to as the "’600 and ’127 patents," were central to this claim.

While Pfizer and BioNTech successfully defended their stance on the invalidity of Moderna's patents, they also sought validation from the PTAB regarding the two patents. A spokesperson for BioNTech expressed satisfaction with the ruling, stating, "We believe in the value and strength of our innovative science and our intellectual property."

Moderna, however, expressed its intention to appeal the PTAB's decision to the U.S. Court of Appeals for the Federal Circuit, asserting that it "respectfully disagrees" with the outcome. Notably, this ruling does not impact Moderna's '574 patent, which remains part of the Massachusetts lawsuit.

In contrast, the week also brought setbacks for Pfizer and BioNTech. The Düsseldorf Regional Court in Germany ruled in favor of Moderna, determining that the companies infringed upon one of Moderna's European patents and should provide "appropriate compensation." A representative for BioNTech stated that they believe the ruling on EP949 is invalid and will appeal the decision.

The financial stakes are high in this patent landscape, with Pfizer, BioNTech, and Moderna having generated tens of billions in revenue from their COVID-19 vaccines. With numerous ongoing lawsuits across the globe, including the U.S., U.K., Europe, Canada, and Japan, the implications of these legal battles could be substantial for all parties involved.