Pharma Goliaths Squabble over COVID-19 Vaccine Patents in High-Stakes Court Battle

GlaxoSmithKline (GSK) has filed a lawsuit against Pfizer and BioNTech in Delaware federal court, accusing the two companies of infringing on GSK patents related to messenger RNA (mRNA) technology used in their COVID-19 vaccines. GSK claims that Pfizer and BioNTech’s Comirnaty vaccines violate patents that GSK developed over a decade before the COVID-19 pandemic.

Pfizer is confident in its intellectual property position and intends to vigorously defend against GSK’s claims, while BioNTech has not commented on the lawsuit. The lawsuit is part of a series of high-stakes court cases involving Pfizer, BioNTech, and Moderna over patent royalties for vaccine technology.

GSK believes its foundational technology was used in Pfizer and BioNTech’s mRNA vaccines and is willing to license its patents on commercially reasonable terms to ensure continued patient access to the vaccines. However, GSK is also seeking monetary damages from Pfizer and BioNTech, including an ongoing patent-licensing fee. The lawsuit alleges that GSK’s patents cover the technology for transporting mRNA into human cells, which was developed in 2008 and acquired by GSK when it bought part of Novartis’ vaccines business in 2015. Additionally, GSK previously sued Pfizer for patent infringement regarding technology used in Pfizer’s RSV vaccine Abrysvo. Pfizer has denied GSK’s claims in that case.