Moderna Hit With Another Lawsuit Related To Key COVID-19 Vaccine Technology

Northwestern University has filed a patent infringement lawsuit against Moderna, Inc. MRNA, alleging the pharmaceutical company used the university’s lipid nanoparticle (LNP) technology without permission to develop its COVID-19 vaccines.

According to the lawsuit, the development of Moderna’s COVID-19 vaccine, Spikevax, depended on key technological advancements made at Northwestern.

Also Read: Alnylam’s Concedes Its Patent Infringement Case Against Moderna’s COVID-19 Vaccine.

Spikevax contains messenger RNA (mRNA), which instructs cells to create proteins essential for generating an immune response. However, delivering mRNA into cells posed a significant challenge due to cellular resistance. Northwestern scientists overcame this hurdle by developing synthetic LNPs that mimicked the behavior of naturally occurring lipoproteins, allowing the mRNA to enter human cells effectively.

Northwestern’s research institute, the International Institute for Nanotechnology (IIN), played a crucial role in this breakthrough. Since its inception, IIN has supported over $2.7 billion in research, contributing to numerous medical advancements.

The IIN’s work has resulted in over 2,000 commercial products and over 40 startups.

Despite being notified of the patents, Moderna has not licensed the LNP technology.

Northwestern now seeks damages for what it claims is ongoing infringement but is not pursuing injunctive relief.

Moderna’s COVID-19 vaccines have generated significant profits, capturing 45% of the U.S. COVID-19 vaccine market. In 2021, Moderna earned $5.4 billion in U.S. revenues from its vaccines, followed by $4.4 billion in 2022.

The university asserts that Moderna’s patented technology extends beyond COVID-19 vaccines. The company also incorporates LNP advancements into vaccines for other diseases. Moderna has acknowledged the critical role of LNPs in mRNA vaccine development, referring to the particles as the “unsung hero” behind its success.

Recently, GSK Plc GSK filed a lawsuit against Moderna and its affiliates, alleging that Moderna’s mRNA vaccines infringe on patents developed by GSK.

According to GSK, the technology used in Moderna’s vaccines, including its Spikevax family of vaccines, is based on a platform created by the team led by vaccinologist Christian Mandl.

After London’s High Court delivered a mixed ruling on two of Moderna’s patents, Pfizer Inc. PFE and Moderna are set for more legal battles over their rival COVID-19 vaccines.

The High Court's ruling declared one of Moderna's mRNA technology patents invalid but upheld another, confirming that Pfizer and BioNTech SE's BNTX Comirnaty vaccine had infringed on it.

Price Action: MRNA stock is down 1.17% at $56.79 at last check Thursday.

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