LONDON, July 10 (Reuters) - Pfizer ( PFE ) and its German
partner BioNTech asked London's Court of Appeal on Thursday to
overturn a ruling that their COVID-19 vaccine infringed one of
Moderna's ( MRNA ) patents, in the latest round of a long-running legal
dispute between the two sides.
A year ago, the High Court ruled that one of Moderna's ( MRNA )
two patents relating to the messenger RNA (mRNA)
technology that underpinned its COVID-19 vaccine was valid and
that Pfizer ( PFE ) and BioNTech's Comirnaty vaccine
had infringed it, meaning Moderna ( MRNA ) is entitled to damages in
relation to sales after March 2022.
The court also ruled last July that the other Moderna ( MRNA ) patent
under challenge in the case was invalid.
Pfizer ( PFE ) and Moderna ( MRNA ) are seeking to overturn the decision
that one of the patents is valid, after Judge Richard Meade gave
the two companies permission to appeal against his decision.
They argue Moderna's ( MRNA ) developments of mRNA technology were
obvious developments of previous work, rendering the patent
invalid, though Moderna ( MRNA ) says the judge's ruling should be
upheld.
Pfizer ( PFE ) and BioNTech generated more than $3.3 billion in
revenue from global sales of their vaccine Comirnaty last year,
while Moderna ( MRNA ) generated $3.2 billion from its vaccine Spikevax,
according to company reports. Sales of both vaccines declined
significantly between 2023 and 2024 after the pandemic ended.
Pfizer ( PFE ) and BioNTech had sued Moderna ( MRNA ) in London in September
2022, seeking to revoke the two patents held by Moderna ( MRNA ), which
hit back days later alleging its own patents had been infringed.
The London lawsuits are just one part of a global battle
between Pfizer ( PFE ), BioNTech and Moderna ( MRNA ) over their competing
vaccines, which helped save millions of lives during the
pandemic.
The companies have also been involved in proceedings in
Germany - where a court ruled in Moderna's ( MRNA ) favour in March - the
United States Patent Office, which held that two Moderna
COVID-19 vaccine patents were invalid, and elsewhere.