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Moderna ( MRNA ) to defend against GSK's claims, spokesperson says

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GSK seeks unspecified monetary damages from Moderna ( MRNA )

(Adds information about RSV vaccine claims in paragraphs 1 and

6)

By Blake Brittain

Oct 15 (Reuters) - British drugmaker GlaxoSmithKline

sued Moderna ( MRNA ) in U.S. federal court in Delaware

on Tuesday, accusing it of violating GSK patent rights in

messenger RNA technology with its blockbuster COVID-19 vaccine

Spikevax and RSV shot mResvia.

According to the two lawsuits, Moderna's ( MRNA ) lipid nanoparticles

for transporting fragile mRNA into the human body infringe

several GSK patents covering similar innovations. GSK filed a

related lawsuit against Pfizer ( PFE ) and BioNTech

in the same court in April over their COVID-19 vaccine. The new

litigation seeks unspecified monetary damages.

A spokesperson for Massachusetts-based Moderna ( MRNA ) said the

company was aware of the lawsuits and would defend itself

against the claims.

GSK is "willing to license these patents on commercially

reasonable terms and to ensure continued patient access," a

company spokesperson said.

The lawsuits add to a web of U.S. court cases involving

Pfizer ( PFE ), BioNTech and Moderna ( MRNA ) over patent royalties for

technology used in their COVID vaccines, including one brought

by Moderna ( MRNA ) against Pfizer ( PFE ) in 2022.

Moderna ( MRNA ) earned $6.7 billion in revenue from Spikevax last

year. Pfizer ( PFE ) made $11.2 billion from sales of Comirnaty, the

COVID vaccine it developed with German partner BioNTech. Sales

of both vaccines declined significantly last year from 2022.

GSK also sued Pfizer ( PFE ) for patent infringement over its RSV

shot Abrysvo last year. The U.S. Food and Drug Administration

approved Moderna's ( MRNA ) RSV vaccine in May.

GSK said in the new cases that its patents cover technology

pioneered in 2008 that provides "the foundation for Moderna's ( MRNA )

mRNA vaccine portfolio." GSK said it bought the rights to the

inventions when it acquired part of Novartis' vaccine

business in 2015.