Moderna sues Pfizer-BioNTech over coronavirus vaccines CovidThe American company accuses its rivals of copying its “revolutionary technology,” effectively opening a vaccine war centered on the rights to mRNA, the technology that teaches the immune system to recognize a virus based on part of its genetic code.
“We filed the lawsuits” in the U.S. and Germany “to protect our innovative mNRA technology platform, which we have invested billions in and patented in the decade leading up to the Covid pandemic,” says Moderna CEO Stephane Bancel.
The Massachusetts biotech company then specifies that it has patents from 2010 to 2016 on the mNRA technology, which made its Covid vaccine possible and which the two rivals copied without permission. With the legal action Moderna is not asking the court to withdraw the Pfizer-BioNTech vaccine or block future sales. What it is asking for are damages for the period starting from March 8, 2022.
At the start of the pandemic, Moderna promised not to assert its intellectual property rights during the emergency, but on March 7, it revised its commitment to apply only to low-income countries. A change that made the lawsuit possible. And a change with which, in the calculation of damages, Moderna asks that Pfizer-BioNTech sales in 92 low- or middle-income countries be excluded.
Expressing confidence in the intellectual property of their vaccine, Pfizer and BioNTech ensure that they will “vigorously defend” themselves from the accusations and do not hide their surprise at the lawsuit. “We have not had the opportunity to fully review” the complaint but “we are surprised given that our vaccine is based on BioNTech’s mNRA technology and developed by BioNTech and Pfizer,” they read in a statement.
The stakes in the clash are high. Pfizer, Moderna and BioNTech estimate they will generate $52 billion from vaccine sales this year. Last year alone, Pfizer made nearly $37 billion and Moderna $18 billion. The lawsuit also comes as the United States is about to enter the commercial phase for vaccines. The American government intends to stop purchasing them directly, passing the costs on to traditional market channels, namely health insurers, pharmaceutical companies and consumers. A move that will likely result in higher vaccine prices and, therefore, higher revenues for the companies that produce them.
Article published on 26 August 2022 - 20:04
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