Pharmaceutical Titans Engage in Patent Dispute over COVID-19 Vaccines

GSK has accused Pfizer and BioNTech of infringing on its patents related to messenger RNA (mRNA) technology used in their COVID-19 vaccines. The lawsuit, filed in Delaware federal court, claims that the Comirnaty vaccines made by Pfizer and BioNTech violate patents developed by GSK over a decade before the pandemic.

GSK believes that its foundational technology was used in Pfizer and BioNTech’s mRNA vaccines and is willing to license its patents on commercially reasonable terms to ensure continued patient access to the vaccines. The lawsuit is part of a series of high-stakes court cases involving Pfizer, BioNTech, and Moderna over patent royalties for vaccine technology.

Pfizer made $11.2 billion from Comirnaty sales last year, while Moderna earned $6.7 billion from its Spikevax vaccine. GSK is seeking monetary damages from Pfizer and BioNTech, including an ongoing patent-licensing fee. The lawsuit alleges that GSK’s patents cover the technology for transporting mRNA into human cells, which was developed in 2008 and acquired by GSK when it bought part of Novartis’ vaccines business in 2015.

BioNTech has not commented on the lawsuit, but Pfizer is confident in its intellectual property position and intends to vigorously defend against GSK’s claims. The two companies have had a history of patent disputes with other companies, including Moderna over mRNA vaccine technology.