*

Moderna ( MRNA ) claims Pfizer ( PFE ) copied mRNA advances and seeks

damages for

patent infringement

*

High Court invalidates one Moderna ( MRNA ) patent but upholds

another,

finding infringement by Pfizer ( PFE )

*

All parties likely to appeal; parallel proceedings ongoing

in

multiple countries

By Sam Tobin

LONDON, July 2 (Reuters) -

Pfizer ( PFE ) and Moderna's ( MRNA ) legal battle over their rival COVID-19

vaccines looks set to continue after London's High Court gave a

mixed ruling on two of Moderna's ( MRNA ) patents, likely prompting a

flurry of appeals in the London leg of the litigation.

Pfizer ( PFE ) and its German partner BioNTech sued

Moderna ( MRNA ) in London in September 2022, seeking to revoke

two patents held by Moderna ( MRNA ), which hit back days later alleging

its patents had been infringed.

The competing lawsuits over the companies' two vaccines,

which helped save millions of lives and made the companies

billions of dollars, are just one strand of ongoing litigation

around the world focusing on messenger RNA (mRNA) technology.

Moderna ( MRNA ) had argued Pfizer ( PFE ) and BioNTech copied mRNA advances

it had pioneered and patented well before the COVID-19 pandemic

began in late 2019.

U.S.-based Moderna ( MRNA ) was seeking damages for alleged

infringement of its patents by Pfizer ( PFE ) and BioNTech's Comirnaty

shot on sales since March 2022.

Pfizer ( PFE ) made $11.2 billion in sales from Comirnaty last

year, while Moderna ( MRNA ) earned $6.7 billion from its vaccine

Spikevax, illustrating the potentially huge sums at stake.

Pfizer ( PFE ) and BioNTech, however,

asked the High Court

to revoke Moderna's ( MRNA ) patents, arguing that Moderna's ( MRNA )

developments of mRNA technology were obvious improvements on

previous work.

The High Court ruled on Tuesday that one of Moderna's ( MRNA ) two

patents relating to mRNA technology was invalid, but that

another similar patent was valid and that Pfizer ( PFE ) and BioNTech's

Comirnaty vaccine had infringed it.

LIKELY APPEALS

All three companies said they disagreed with the parts of

the court's decision on which they lost, and it is expected that

all parties will seek permission to appeal.

Pfizer ( PFE ) and BioNTech said in a statement: "These proceedings

have no bearing on the safety and efficacy profile of our

vaccine, as established by regulators worldwide.

"Irrespective of the outcome of this legal matter, we will

continue to manufacture and supply the Pfizer-BioNTech COVID-19

vaccine in line with our agreements and established supply

schedules."

A spokesperson for Moderna ( MRNA ) said the company was pleased the

court "recognized the innovation of Moderna ( MRNA ) scientists by

confirming the validity and infringement" of one of its patents.

Pfizer ( PFE ), BioNTech and Moderna ( MRNA ) are also involved in parallel

proceedings in Germany, the Netherlands, Belgium and the

United States

, much of which has been put on hold, as well as at the

European Patent Office

.

The London ruling comes at a time of financial strain for

Moderna ( MRNA ), whose shares have plummeted by more than 70% since the

peak of the pandemic as demand and sales for Spikevax have

fallen. Shares of Pfizer ( PFE ), meanwhile, are down about 29% since

mid-2021.