COVID vaccine: Moderna wins patent case in Europe against Pfizer, BioNTech
London: Moderna announced on Friday that it has emerged victorious in a case at the European Patent Office against Pfizer and BioNTech concerning its COVID-19 vaccine. The company has been engaged in a protracted legal dispute with its competitors over Pfizer-BioNTech’s COVID shot Comirnaty since initiating legal action in 2022, alleging copying its mRNA technology.
Pfizer and BioNTech have also countersued, alleging that Moderna’s patent is invalid.
The vaccine makers were the first to develop their COVID shots, which led to a revenue windfall during the pandemic.
Moderna said it expects its opponents to appeal the European Patent Office’s decision.
Pfizer said it was disappointed and would consider all legal options and may appeal the decision. BioNTech did not immediately respond to Reuters request for comment.
“Irrespective of the outcome of this legal matter, we will continue to manufacture and supply the Pfizer-BioNTech COVID-19 vaccine,” Pfizer said in a statement to Reuters.
The oral decision by the European Patent Office was handed down on Thursday, the Financial Times said, which was the first to report on the matter. The report added that a written decision is expected to be published in the coming months.
Pfizer, BioNTech and Moderna are also involved in parallel proceedings related to their patents in Germany, the Netherlands, Belgium, England and the United States.
Last month, a Massachusetts federal court put a patent lawsuit on hold, while the U.S. Patent Office determines whether two of the three Moderna patents at issue are valid.
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