Moderna has filed a lawsuit against Pfizer and BioTech accusing the companies of copying the technology used in their revolutionary Covid-19 vaccine.
According to The New York Times, Moderna alleged that both Pfizer and BioTech "infringed on patents" of their mRNA technology. mRNA, or Messenger RNA, are copies of DNA molecules that teach existing cells to produce protein that help bodies develop immunity to invading diseases.
mRNA was the integral technique used in the coronavirus vaccines, which were first patented by Moderna. The corporation filed their suit Friday morning, citing breached patents from 2010 to 2016.
Stéphane Bancel, Moderna’s chief executive, said in the company's statement: “We are filing these lawsuits to protect the innovative mRNA technology platform that we pioneered, invested billions of dollars in creating, and patented during the decade preceding the COVID-19 pandemic. This foundational platform, which we began building in 2010, along with our patented work on coronaviruses in 2015 and 2016, enabled us to produce a safe and highly effective Covid-19 vaccine in record time after the pandemic struck.”
Moderna received $2.5 billion in taxpayer money to produce and research its Covid vaccine. They previously declared that they would not enforce patents on the coronavirus vaccines or technology until after the end of the pandemic. That agreement allowed vaccines to reach low- and middle- income communities abroad. Pfizer and BioTech, they claimed, breached the patent by producing their vaccines in affluent countries outside those agreed upon.
The statement continued, "Consistent with its commitment to equitable global access, in October 2020, Moderna pledged not to enforce its COVID-19 related patents while the pandemic continued. In March 2022, when the collective fight against COVID-19 entered a new phase and vaccine supply was no longer a barrier to access in many parts of the world, Moderna updated its pledge. It made clear that while it would never enforce its patents for any COVID-19 vaccine used in low- and middle-income countries, Moderna expected companies such as Pfizer and BioNTech to respect its intellectual property rights and would consider a commercially reasonable license should they request one for other markets. Pfizer and BioNTech have failed to do so."
The corporation claimed they are not seeking restitution for anything before March 8 of 2022, nor do they wish for Pfizer or BioTech to cease production on their vaccines, as they recognize the global demand for immunity, and likely impending boosters.
A spokesperson for Pfizer responded Friday morning that they are “unable to comment at this time," though according to Pfizer, the company has not been served any such lawsuit yet.
