GSK Sues Pfizer and BioNTech Over Alleged Patent Infringement in COVID-19 Vaccines

(CTN News) – GlaxoSmithKline (GLAX.NS) sued Pfizer (PFE.N) and BioNTech (22UAy.DE) in Delaware federal court on Thursday, accusing them of infringing on GSK patents linked to messenger RNA (mRNA) technology in the companies’ blockbuster COVID-19 vaccines.

GSK filed a lawsuit alleging that Pfizer and BioNTech’s Comirnaty vaccines infringe on their patents for mRNA vaccines produced “more than a decade before” the COVID-19 epidemic.

A spokesman for Pfizer stated that the company is “confident in our IP position around Comirnaty” and intends to “vigorously defend” against GSK’s allegations. BioNTech’s spokesman declined to comment on the allegation.

A GSK spokesman stated that the company believes its patents “provided the foundational technology used in Pfizer and BioNTech’s COVID-19 mRNA vaccines” and is “willing to license these patents on commercially reasonable terms and to ensure continued patient access” to the shots.

The action adds to a web of high-stakes U.S. court disputes over patent royalties for vaccine technology between Pfizer, BioNTech, and Moderna, including a case initiated by Moderna against Pfizer in 2022.

Last year, Pfizer received $11.2 billion from Comirnaty sales, while Moderna earned $6.7 billion from the Spikevax vaccine. Sales of both vaccinations fell sharply last year compared to 2022.

GSK, located in London, has sought the court for an undefined amount of monetary damages from Pfizer and BioNTech, including an ongoing patent licensing fee.

GSK stated in the case that its patents cover technology for carrying fragile mRNA into human cells, which scientists began developing in 2008. GSK acquired the invention rights from Novartis’ NOVN.S vaccines unit in 2015.

Last year, GSK sued Pfizer for patent infringement over technology used in its respiratory syncytial virus (RSV) vaccine, Abrysvo. Pfizer has dismissed GSK’s accusations in that lawsuit.