Moderna has engaged in a series of patent infringement lawsuits against Pfizer+BioNTech regarding their COVID-19 vaccines, Spikevax® and Comirnaty®. While Moderna reported a significant legal victory in Germany for patent infringement, it has also faced challenges within the U.S. Patent Trial and Appeal Board (PTAB). Many lawsuits stem from third-party innovators claiming patent rights to mRNA technology, seeking to profit from vaccine sales. The mRNA lipid nanoparticle technology is crucial for effective vaccine delivery, and key rulings are anticipated in ongoing litigation over the next few months.
Moderna has actively pursued patent claims against Pfizer+BioNTech, achieving victories in some jurisdictions while facing setbacks in others, including the PTAB.
A series of infringement lawsuits against Moderna and Pfizer+BioNTech began in 2022, initiated mostly by third-party entities looking to profit from COVID-19 vaccine sales.
Key patent cases between competitors are set for significant rulings in the coming months, showcasing the rapid evolution of the mRNA/LNP litigation landscape.
The technological foundation of the COVID-19 vaccines lies in lipid nanoparticles that encapsulate mRNA and ensure effective delivery into human cells.
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