GlaxoSmithKline filed a lawsuit against Pfizer and BioNTech in Delaware federal court, alleging that their COVID-19 vaccines infringe on GSK’s patents related to messenger RNA (mRNA) technology. The lawsuit claims that the Comirnaty vaccines violate GSK’s patent rights for mRNA-vaccine innovations developed prior to the COVID-19 pandemic. Pfizer and BioNTech are confident in their intellectual property position and plan to vigorously defend against the claims.
GSK believes that its patents provided the foundational technology used in Pfizer and BioNTech’s COVID-19 vaccines and is willing to license these patents on commercially reasonable terms to ensure continued patient access to the shots. The lawsuit is part of a series of court cases involving Pfizer, BioNTech, and Moderna over patent royalties for technology used in their vaccines. Pfizer made $11.2 billion from Comirnaty sales last year, while Moderna earned $6.7 billion from its vaccine Spikevax.
GSK is seeking monetary damages from Pfizer and BioNTech, including an ongoing patent-licensing fee. The patents in question cover technology for transporting mRNA into human cells that was developed starting in 2008. GSK acquired the rights to these inventions when it purchased part of Novartis’ vaccines business in 2015. Additionally, GSK sued Pfizer last year for patent infringement related to Pfizer’s RSV vaccine Abrysvo, prompting Pfizer to deny GSK’s claims in that case.