Pfizer and BioNTech lose appeal in London over Moderna COVID vaccine patent

Pfizer and its German partner BioNTech on Friday lost their bid to overturn a ruling that their COVID-19 vaccine infringed one of Moderna’s patents at London’s Court of Appeal.

Last year, the High Court ruled that one of Moderna’s patents relating to the messenger RNA (mRNA) technology, which underpinned its COVID-19 vaccine, was valid and that Pfizer and BioNTech’s Comirnaty vaccine had infringed it, meaning Moderna is entitled to damages in relation to sales after March 2022.

The High Court also ruled that the other Moderna patent under challenge in the case was invalid. Moderna was refused permission to appeal against that decision.

But Pfizer and BioNTech were granted permission to appeal in an attempt to try and invalidate Moderna’s second patent and appealed earlier this month, arguing Moderna’s developments of mRNA technology were obvious developments of previous work, rendering the patent invalid.

Judge Richard Arnold, however, rejected Pfizer and BioNTech’s appeal.

Pfizer and BioNTech said in a joint statement that the decision “does not change our unwavering stance that this patent is invalid” and the companies will seek to appeal.

“This decision has no immediate impact on Pfizer and BioNTech or Comirnaty,” the companies added.

Moderna did not immediately respond to a request for comment.

Friday’s decision in the latest ruling in the legal dispute between the two sides over their competing vaccines, which helped save millions of lives during the pandemic.

The companies have also been involved in proceedings in Germany—where a court ruled in Moderna’s favour in March—the United States Patent Office, which held that two Moderna COVID-19 vaccine patents were invalid, and elsewhere.

—Sam Tobin, Reuters