Pharmaceutical Giants Battle over Messenger RNA Patents in Delaware Court Case

GSK is suing Pfizer and BioNTech in Delaware federal court, alleging that the companies’ COVID-19 vaccines, Comirnaty, infringe on GSK’s patents related to messenger RNA (mRNA) technology. According to GSK, the patents were developed more than a decade before the COVID-19 pandemic.

In response to the lawsuit, a Pfizer spokesperson stated that the company is confident in its intellectual property position surrounding Comirnaty and intends to vigorously defend against GSK’s claims. BioNTech representatives did not immediately comment on the lawsuit.

GSK believes that its patents underpin the technology used in Pfizer and BioNTech’s COVID-19 mRNA vaccines and is willing to license these patents on reasonable terms to ensure continued patient access to the shots. The lawsuit is part of a series of U.S. court cases involving Pfizer, BioNTech, and Moderna concerning patent royalties for their vaccine technology.

Pfizer has denied GSK’s claims in this case and argued that it should not be held liable for using mRNA technology that was already in use before it acquired GSK’s patents in 2015. However, GSK maintains that its patents cover the technology for delivering fragile mRNA into human cells, which is essential for effective vaccine development.

The lawsuit seeks unspecified monetary damages from Pfizer and BioNTech based on their alleged infringement of GSK’s mRNA technology patents. If successful, these damages could include ongoing patent-licensing fees as well as compensation for any financial losses sustained by GSK due to Pfizer and BioNTech’s use of its patented technology without permission.