In a major legal battle over intellectual property rights, GlaxoSmithKline (GSK) filed a lawsuit against Pfizer and BioNTech in Delaware federal court, accusing them of infringing on GSK patents related to messenger RNA (mRNA) technology used in their COVID-19 vaccines. GSK claims that Pfizer and BioNTech’s Comirnaty vaccines violate patents that GSK developed over a decade before the COVID-19 pandemic.
The lawsuit is part of a series of high-stakes court cases involving Pfizer, BioNTech, and Moderna over patent royalties for vaccine technology. Pfizer made $11.2 billion from Comirnaty sales last year, while Moderna earned $6.7 billion from its Spikevax vaccine.
GSK believes its foundational technology was used in Pfizer and BioNTech’s mRNA vaccines and is willing to license its patents on commercially reasonable terms to ensure continued patient access to the vaccines. However, GSK is seeking monetary damages from Pfizer and BioNTech, including an ongoing patent-licensing fee. The lawsuit alleges that GSK’s patents cover the technology for transporting mRNA into human cells, which was developed in 2008 and acquired by GSK when it bought part of Novartis’ vaccines business in 2015. Additionally, GSK previously sued Pfizer for patent infringement regarding technology used in Pfizer’s RSV vaccine Abrysvo. Pfizer has denied GSK’s claims in that case.
Pfizer is confident in its intellectual property position and intends to vigorously defend against GSK’s claims, while BioNTech has not commented on the lawsuit. This legal battle highlights the importance of protecting intellectual property rights in the pharmaceutical industry and sets a precedent for future disputes over patent ownership and licensing fees.
In conclusion, this legal battle between GlaxoSmithKline (GSK), Pfizer, and BioNTech highlights the importance of protecting intellectual property rights in the pharmaceutical industry. As this case continues to unfold, it will be interesting to see how the courts rule on patent ownership and licensing fees for mRNA vaccine technology.