LONDON, Sept 25 (Reuters) - Pfizer ( PFE ) and Moderna's ( MRNA ) legal
battle over their rival COVID-19 vaccines will continue after
London's High Court on Wednesday gave Pfizer ( PFE ) permission to take
the case to the Court of Appeal.
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 own patents had been infringed.
The High Court gave a mixed ruling in July, ruling that one
of Moderna's ( MRNA ) two patents relating to the messenger RNA (mRNA)
technology that underpinned its COVID-19 vaccine was invalid.
But the court ruled another similar patent 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.
Judge Richard Meade gave Pfizer ( PFE ) and BioNTech permission to
appeal against that decision on Wednesday. The issue of any
damages owed to Moderna ( MRNA ) is on hold pending their appeal.
Moderna ( MRNA ) was refused permission to appeal in relation to its
patent which was found to be invalid, but the company can still
apply directly to the Court of Appeal.
The London lawsuits are just one leg of a global battle
between Pfizer ( PFE ), BioNTech and Moderna ( MRNA ), which have also been
involved in proceedings in Germany, the Netherlands, Belgium and
the United States, as well as at the European Patent Office.