Moderna's patents for its COVID-19 vaccine technology, specifically patent numbers 10,933,127 and 10,702,600, have been challenged by competitors Pfizer and BioNTech. They argued that the patents contain excessively broad claims focused on basic ideas already known prior to 2015. In their inter partes review petitions, these companies asserted that the foundational concepts behind mRNA vaccines were established long before Moderna's priority date and that they were also anticipated by previous art. This legal dispute arose following Moderna's infringement lawsuit against Pfizer and BioNTech.
The companies told the PTAB in the petitions that Moderna’s patents include 'unimaginably broad claims directed to a basic idea.'
Pfizer and BioNTech claimed that the idea behind the patents was known long before the asserted priority date of 2015.
Both patents are anticipated by four key prior art references, according to Pfizer and BioNTech.
The complaints highlight Moderna's accusation that Pfizer and BioNTech 'followed Moderna's lead' in developing their COVID vaccine.
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