Moderna Wins UK Patent Appeal Against Pfizer and BioNTech Over COVID-19 Vaccine

Moderna Wins UK Patent Appeal Against Pfizer and BioNTech Over COVID-19 Vaccine

Introduction

Pfizer and BioNTech have lost their bid to overturn a UK court decision that their COVID-19 vaccine infringed one of Moderna’s patents. The Court of Appeal in London upheld the High Court’s finding that Moderna’s patent covering key messenger RNA (mRNA) technology was valid and infringed by Pfizer and BioNTech’s Comirnaty vaccine.

Factual Background

The dispute centers on patents related to mRNA technology used in Moderna’s COVID-19 vaccine. In an earlier decision, the High Court found that one of Moderna’s patents was valid and infringed, while ruling that another Moderna patent was invalid. Moderna was refused permission to appeal the invalidated patent, but Pfizer and BioNTech were granted permission to appeal in an attempt to invalidate the upheld patent, arguing that Moderna’s developments were obvious extensions of existing mRNA work.

Decision

Judge Richard Arnold rejected Pfizer and BioNTech’s appeal, confirming that the patent is valid and that the companies are liable for damages related to Comirnaty sales after March 2022.

Reasoning & Analysis

The ruling reinforces the view that Moderna’s mRNA patent represents a valid and non-obvious advancement in vaccine technology. It underscores the critical role of intellectual property protection for pharmaceutical companies investing in innovative COVID-19 vaccines.

Implications

Pfizer and BioNTech now face potential damages claims from Moderna. The companies have stated that they will seek to appeal, maintaining their position that the patent is invalid. They also stressed that the ruling has no immediate operational impact on the availability of Comirnaty. The decision adds to a broader global legal battle: Moderna has won a similar case in Germany but lost two patent challenges before the US Patent Office.

Outcome

This outcome highlights the continuing significance of patent rights in the pharmaceutical sector and could influence negotiations and litigation over mRNA vaccine royalties worldwide.