Patent Battle: GSK Sues Pfizer, BioNTech for IP Infringement in COVID-19 Vaccine Technology

Pfizer and BioNTech have been sued by GlaxoSmithKline (GSK) in Delaware federal court for patent infringement related to messenger RNA (mRNA) technology used in their COVID-19 vaccines. GSK claims that Pfizer and BioNTech’s Comirnaty vaccines violate their patents in mRNA-vaccine innovations developed before the COVID-19 pandemic.

Pfizer has responded to the lawsuit by stating that they are confident in their intellectual property (IP) position for Comirnaty and plan to vigorously defend against GSK’s claims. BioNTech has not yet commented on the lawsuit. In response, GSK stated that they are willing to license their patents on reasonable terms to ensure patient access to the vaccines.

This lawsuit adds to ongoing court battles involving Pfizer, BioNTech, and Moderna over patent royalties for vaccine technology. Last year, Pfizer’s sales of Comirnaty totaled $11.2 billion while Moderna’s Spikevax earned $6.7 billion. GSK is seeking monetary damages from Pfizer and BioNTech, including ongoing patent licensing fees.

GSK’s patents cover technology for delivering mRNA into human cells, which was developed in 2008 and acquired from Novartis in 2015. In a similar case last year, GSK also sued Pfizer for patent infringement related to their RSV vaccine Abrysvo. Pfizer has denied GSK’s claims in that case.