Two mRNA-based vaccines are coming onto the market against the corona virus. US manufacturer Moderna accuses Biontech and its partner Pfizer of copying the technology without permission. It's not the first company to sue Biontech for patent infringement.
The US biotech company Moderna wants to hold its German rival Biontech and its partner Pfizer accountable for alleged patent infringements in the development of corona vaccines. Moderna has therefore filed lawsuits in courts in the United States and Germany, the company said. Moderna is demanding compensation for violations of intellectual property rights, but has not yet provided any information on the amount.
Specifically, it is about the development of mRNA vaccine against Covid-19. Moderna had already invested "billions of dollars" here before the outbreak of the pandemic and wanted to protect its innovative technology platform, CEO Stephane Bancel said according to a press release. Moderna is considered a pioneer in mRNA vaccines. The company applied for patents between 2010 and 2016 - long before the pandemic caused demand for vaccines to increase rapidly worldwide.
However, the US company made it clear that it was not about having Biontech and Pfizer's Comirnaty vaccine removed from the market. The lawsuits do not relate to patent infringements before March 8, 2022, when Moderna announced, among other things, that it would not enforce patent protection for its vaccine as long as it was manufactured exclusively for use in 92 low- and middle-income countries.
Patent lawsuits related to vaccine development are not uncommon. Biontech and Pfizer are also facing allegations from other competitors. In July, the Tübingen-based biotech company Curevac, which had failed to develop its own corona vaccine, started a legal battle against Biontech and two subsidiaries. In the process, it must be clarified to what extent the respective patents went into the development of the Biontech vaccine, said Curevac boss Franz-Werner Haas at the time. Biontech said the company's work is "original and we will vigorously defend it against all allegations of patent infringement."
The business with corona vaccines is very lucrative for companies thanks to the enormous demand in the pandemic. Moderna, for example, made a net income of $2.2 billion on sales of $4.7 billion in the most recent quarter. The company expects vaccine sales of around $21 billion for the current 2022 fiscal year based on purchase agreements that have already been concluded.
However, Moderna also invested a lot of money in research and development before the Covid vaccine became a billion dollar business due to the pandemic. Pfizer also benefited greatly in the past quarter from its corona vaccine Comirnaty, which was developed and marketed together with Biontech.
