European Patent Office Sides with Moderna In COVID-19 Vaccine Patent Dispute With Pfizer/BioNTech

Moderna Inc MRNA has reportedly achieved a significant victory at the European Patent Office (EPO) in its ongoing legal battle with Pfizer Inc PFE and BioNTech SE BNTX over the Covid-19 vaccine. 

The EPO’s Opposition Division upheld the validity of one of Moderna’s crucial patents, boosting the mRNA vaccine maker’s efforts to reclaim pandemic profits from its competitors, the Financial Times reports.

Although Pfizer has nine months to appeal the decision, the EPO’s written decision is anticipated in the coming months.

Also Read: FDA Delays ‘Important’ Moderna Vaccine Review: William Blair Says 2025 Growth, ‘2026 Breakeven Story’ Depends On It.

Moderna is actively pursuing legal action against Pfizer and BioNTech in courts across Europe and the United States, claiming that the Comirnaty vaccine infringes on two patents. 

In response, Pfizer and BioNTech have countersued, arguing that Moderna’s patents, filed in 2011 and 2016, are invalid. 

“We are pleased to announce that the European Patent Office decided to maintain the validity of Moderna’s EP949 patent, one of the key patents currently asserted against Pfizer and BioNTech in various European national courts,” Moderna told the Financial Times.

This legal tug-of-war has seen both sides incurring significant expenses as they fight over the lucrative COVID-19 vaccine market.

The financial stakes are high, with Moderna, Pfizer, and BioNTech generating a combined $73.2 billion in revenue from Covid-19 vaccines in 2022 alone. However, all three companies have seen their share prices decline as the pandemic has receded and vaccine demand has decreased.

The EP949 patent, now upheld, will continue to be scrutinized by national courts to determine its validity and whether Pfizer and BioNTech have infringed upon it. 

Courts will also decide on any penalties to be imposed. Despite this win, Moderna has faced setbacks, such as losing a challenge over its EP565 patent, which it is currently appealing.

Legal proceedings are ongoing in multiple jurisdictions, including the Netherlands, where the EP949 patent was previously declared invalid but is under appeal. 

Upcoming rulings in London and other European courts will further shape the legal landscape, particularly regarding Moderna’s pledge not to enforce its intellectual property rights during the pandemic.

Moderna maintains that it does not intend to block the use of the Comirnaty vaccine but seeks a fair share of the profits generated from its mRNA technology.

Read Next: What’s Going On With Pfizer Stock On Thursday?

Price Action: MRNA shares are up 0.52% at $133.37, PFE stock ‘is down 1.14% at $28.59, and BNTX shares are down 0.67% at $92.36 at last check Friday.

Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.

Photo via Wikimedia Commons