Pfizer and BioNTech are facing a patent infringement lawsuit filed by GlaxoSmithKline (GSK) in Delaware federal court. GSK alleges that Pfizer and BioNTech’s Comirnaty vaccines violate their patents in mRNA-vaccine innovations developed before the COVID-19 pandemic.
In response to the lawsuit, Pfizer has stated that they are confident in their intellectual property (IP) position for Comirnaty and plan to vigorously defend against GSK’s claims. BioNTech has not yet commented on the lawsuit. GSK claims that they are willing to license their patents on reasonable terms to ensure patient access to the vaccines.
This lawsuit adds to ongoing court battles involving Pfizer, BioNTech, and Moderna over patent royalties for vaccine technology. In 2020, Pfizer’s sales of Comirnaty totaled $11.2 billion, while Moderna’s Spikevax earned $6.7 billion. GSK is seeking monetary damages from Pfizer and BioNTech, including ongoing patent licensing fees.
GSK’s patents cover technology for delivering mRNA into human cells, which was developed in 2008 and acquired from Novartis in 2015. The company also sued Pfizer last year for patent infringement related to their RSV vaccine Abrysvo. However, Pfizer has denied GSK’s claims in that case.