May 14 (Reuters) - Biotech company Alnylam
Pharmaceuticals ( ALNY ) conceded defeat for now in a lawsuit
against Pfizer ( PFE ) and BioNTech over technology
in their COVID-19 vaccine, asking a Delaware federal court on
Tuesday to enter a judgment that they did not infringe Alnylam's
patents.
Alnylam requested that the court end the case after U.S.
District Judge Colm Connolly interpreted the company's patents
in a way that would not cover Pfizer ( PFE ) and BioNTech's vaccine. The
company dropped a separate lawsuit over Moderna's ( MRNA ) COVID-19 shots
following a similar ruling favoring Moderna ( MRNA ) last year.
An Alnylam spokesperson said the company was evaluating its
options and may appeal. A BioNTech spokesperson said the filing
"confirms Pfizer's ( PFE ) and BioNTech's position that we do not
infringe any valid patents asserted by Alnylam."
Cambridge, Massachusetts-based Alnylam sued Pfizer ( PFE ) and
BioNTech in 2022, alleging their COVID-19 vaccines infringed
patents covering the use of its lipid nanoparticles (LNP) to
deliver genetic material into the body. Pfizer ( PFE ) and BioNTech
denied the allegations and argued the patents were invalid.
The lawsuit is one of several patent infringement cases
filed by biotech companies over technology used in the
blockbuster COVID-19 shots, which include an ongoing lawsuit
brought by Moderna ( MRNA ) against Pfizer ( PFE ) and BioNTech.
The case is Alnylam Pharmaceuticals Inc ( ALNY ) v. Pfizer Inc ( PFE ), U.S.
District Court for the District of Delaware, No. 1:22-cv-00336.
For Alnylam: Ethan Townsend, William Gaede, Sarah Columbia,
Sarah Fischer and Ian Brooks of McDermott Will & Emery
For Pfizer ( PFE ): Arthur Connolly and Alan Silverstein of Connolly
Gallagher
For BioNTech: Jeremy Tigan and Anthony Raucci of Morris
Nichols Arsht & Tunnel
Read more:
Alnylam files patent infringement lawsuits against Pfizer ( PFE ),
Moderna ( MRNA )
Moderna ( MRNA ) fends off Alnylam US patent lawsuit over COVID
shots, for now
(Reporting by Blake Brittain in Washington)