The European Patent Office has declared an mRNA patent of the US biotech company invalid in the patent dispute between the two corona vaccine manufacturers BioNTech and Moderna. Moderna announced on Tuesday to appeal against this decision.
“Moderna disagrees with the European Patent Office’s decision regarding the ’565 patent,” the company said. They remain convinced of the validity of the patent. Moderna shares fell more than two percent in premarket trading on Wall Street.
Die Mainz-based Biontech welcomed the decision: “We believe that this and other Moderna patents do not meet the requirements for grant and should never have been granted.” The European Patent Office said that the written decision on the matter should be published in the coming weeks or months.
Moderna had sued Biontech and its US partner Pfizer because it believes that the two companies’ Covid-19 vaccine violated patents that were registered before the pandemic. The Tübingen rival CureVac has also filed a lawsuit against Biontech because he sees his patents infringed by the Mainz-based company’s successful Covid-19 vaccine. Biontech and Pfizer rejected the allegations and filed a countersuit.
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