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Moderna Sues Pfizer-BioNTech For COVID Vaccine Patent Infringement

Moderna alleges that Pfizer and BioNTech used patents created by Moderna from 2010-16.

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Pharmaceuticals manufacturer Moderna sued manufacturer Pfizer and BioNTech for patent infringement of their COVID-19 vaccine, on Friday, 26 August. It alleges that Pfizer-BioNTech "infringed patents central to its mRNA technology platform."

The statement was released on Moderna's website and says:

"Moderna believes that Pfizer and BioNTech's COVID-19 vaccine Comirnaty® infringes patents Moderna filed between 2010 and 2016 covering Moderna's foundational mRNA technology."

The statement adds that its technology was critical to developing Moderna's Spikevax mRNA COVID-19 vaccine and accuses Pfizer and BioNTech of copying this technology, without Moderna's permission, to make their vaccine, Comirnaty.

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"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."
Stéphane Bancel, CEO, Moderna

According to Reuters, the lawsuit was filed in the US District Court in Massachusetts and Dusseldorf Court in Germany, and seeks monetary damages.

"Outside 92 countries specific countries middle-income countries, where vaccine supply is no longer a barrier to access, Moderna expects Pfizer and BioNTech to compensate Moderna for Comirnaty®'s ongoing use of Moderna's patented technologies," the statement adds.

In a response to Reuters, Pfizer said that they had not been served notice yet by Moderna, and declined further comment.

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