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UK Court Issues Mixed Verdict in Pfizer vs. Moderna COVID Vaccine Patents

In a significant legal decision, London's High Court has delivered a mixed ruling in the patent dispute between Moderna and Pfizer/BioNTech over messenger RNA (mRNA) technology central to COVID-19 vaccines. The court declared one of Moderna's two patents on mRNA technology invalid but upheld the validity of another similar patent. Moreover, it found that Pfizer and BioNTech's Comirnaty vaccine infringed upon this upheld patent.

The lawsuit began when Pfizer and BioNTech initiated legal action in September 2022, seeking to invalidate two patents held by Moderna. Moderna retaliated shortly after, alleging patent infringement by Pfizer and BioNTech.

Tuesday's ruling marks a pivotal moment in a global legal saga involving parallel proceedings in several countries, including Germany, the Netherlands, Belgium, the United States, Ireland, and at the European Patent Office.

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Pfizer and BioNTech expressed satisfaction that one of Moderna's patents was invalidated but disagreed with the court's decision regarding the other patent. They announced plans to seek permission to appeal the ruling, emphasizing that the legal outcome does not affect the established safety and efficacy of their COVID-19 vaccine, which has received regulatory approval worldwide.

Moderna, on the other hand, welcomed the court's recognition of the validity and infringement of one of its patents, affirming the innovative contributions of its scientists. The company indicated its intent to address certain aspects of the court's decision through the appeals process.

The outcome of this legal battle holds implications for the competitive landscape of COVID-19 vaccine development and distribution, underscoring the complex intersection of intellectual property rights and public health priorities amid a global pandemic.

July 2, 2024 4:42 p.m. 390

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