IP Battles in the Pandemic: GlaxoSmithKline Sues Pfizer and BioNTech for Patent Infringement

GlaxoSmithKline (GSK) has filed a lawsuit against Pfizer and BioNTech in Delaware federal court, alleging patent infringement related to messenger RNA (mRNA) technology used in their COVID-19 vaccines. GSK claims that Pfizer and BioNTech’s Comirnaty vaccines violate their patents in mRNA-vaccine innovations developed before the COVID-19 pandemic.

In response to the lawsuit, Pfizer stated that they are confident in their intellectual property (IP) position for Comirnaty and plan to vigorously defend against GSK’s claims. BioNTech has not yet commented on the lawsuit. GSK stated that they are willing to license their patents on reasonable terms to ensure patient access to the vaccines.

This lawsuit adds to ongoing court battles involving Pfizer, BioNTech, and Moderna over patent royalties for vaccine technology. In 2020, Moderna’s Spikevax earned $6.7 billion while Pfizer’s sales of Comirnaty totaled $11.2 billion. GSK is seeking monetary damages from Pfizer and BioNTech, including ongoing patent licensing fees.

GSK’s patents cover technology for delivering mRNA into human cells, which was developed in 2008 and acquired from Novartis in 2015. GSK also sued Pfizer last year for patent infringement related to their RSV vaccine Abrysvo. Pfizer has denied GSK’s claims in that case.

The legal battle between these pharmaceutical giants highlights the importance of protecting intellectual property rights in the fast-paced world of biotechnology research and development. As new technologies continue to emerge, it is crucial for companies to ensure that they have adequate legal protections in place