GSK sues Pfizer and BioNTech for patent infringement over mRNA technology used in COVID-19 vaccines

In a recent development, GlaxoSmithKline (GSK) has filed a lawsuit against Pfizer and BioNTech in Delaware federal court. The allegations made by GSK involve patent infringement related to messenger RNA (mRNA) technology used in their COVID-19 vaccines.

According to GSK, Pfizer and BioNTech’s Comirnaty vaccines violate their patents in mRNA-vaccine innovations developed before the COVID-19 pandemic. GSK claims that they are entitled to monetary damages, including ongoing patent licensing fees, for the use of their technology.

In response to the lawsuit, Pfizer stated that they are confident in their intellectual property (IP) position for Comirnaty and plan to vigorously defend against GSK’s claims. BioNTech has not yet commented on the lawsuit.

This legal battle adds to ongoing court battles involving Pfizer, BioNTech, and Moderna over patent royalties for vaccine technology. In 2020, Pfizer’s sales of Comirnaty totaled $11.2 billion while Moderna’s Spikevax earned $6.7 billion. GSK is seeking monetary damages from Pfizer and BioNTech for using their patented technology without proper licensing agreements.

GSK’s patents cover technology for delivering mRNA into human cells which was developed in 2008 and acquired from Novartis in 2015. GSK also sued Pfizer last year for patent infringement related to their RSV vaccine Abrysvo. Pfizer has denied GSK’s claims in that case.

The outcome of this lawsuit will have significant implications not only for these companies but also for the future of mRNA vaccine technology and its accessibility to patients worldwide.