Moderna has won a significant legal victory in a patent dispute against vaccine makers Pfizer and BioNTech, according to a ruling by the Düsseldorf Regional Court. The court ordered Pfizer and BioNTech to disclose details on the extent of their use of Moderna's mRNA technology developed between 2010 and 2016 and to pay appropriate compensation and damages for the alleged infringement.
Moderna had accused its competitors of copying its proprietary mRNA technology, a breakthrough innovation that underpinned the development of its coronavirus vaccine. In their defense, Pfizer and BioNTech acknowledged using the patent but claimed that they had been granted permission by Moderna until May 5, 2023, based on a press release issued by Moderna in 2020. They argued that this permission expired only after the World Health Organization declared the coronavirus pandemic over. However, the court did not accept this argument, noting that Moderna had revoked its permission on March 7, 2022.
As a result, the court has mandated that Pfizer and BioNTech provide comprehensive information regarding the patent's usage including pricing details and profits generated and to pay compensation for the unauthorized use. The decision is not yet final, as the Higher Regional Court of Düsseldorf is expected to consider any appeals from the defendants.
This ruling marks a critical win for Moderna, reinforcing its status as a pioneer in mRNA technology a field that has generated billions in revenue for both Moderna and its competitors. The outcome is likely to have significant implications for the ongoing competitive dynamics in the biotechnology and pharmaceutical sectors.
