GlaxoSmithKline has filed a lawsuit against Pfizer and BioNTech in Delaware federal court, accusing the two companies of patent infringement related to messenger RNA (mRNA) technology used in their COVID-19 vaccines. GSK claims that Pfizer and BioNTech’s Comirnaty vaccines violate patents for mRNA-vaccine innovations that were developed by GSK before the COVID-19 pandemic.
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. GSK stated that they are willing to license their patents on reasonable terms to ensure patient access to the vaccines.
This lawsuit adds to ongoing court battles involving Pfizer, BioNTech, and Moderna over patent royalties for vaccine technology. Last year, 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, including ongoing patent licensing fees.
GSK’s patents cover technology for delivering mRNA into human cells, which was developed in 2008 and acquired from Novartis in 2015. This is not the first time GSK has accused Pfizer of patent infringement; last year, GSK sued Pfizer for patent infringement related to their RSV vaccine Abrysvo. Pfizer has denied GSK’s claims in that case.
Overall, this lawsuit highlights the complex legal issues surrounding vaccine technology and intellectual property rights during a global pandemic where access to effective treatments is critical for public health.