Moderna claims Pfizer copied its mRNA tech for COVID-19 vaccine

Moderna has announced plans to file a lawsuit against rival vaccine developer Pfizer and its partner, BioNTech, claiming patent infringement related to the company’s mRNA COVID vaccine.

The Massachusetts-based pharmaceutical company said it would file the lawsuit in U.S. District Court on Friday, Aug. 26, as well as a similar lawsuit in Germany. It wants compensation for use of the technology, not for Pfizer’s shot to be taken off the market.

Moderna said it pioneered and patented its mRNA technology for therapeutics and vaccines between 2010 and 2016, and that Pfizer copied the technology without permission to make its COVID vaccine. The company pledged in October 2020 not to enforce its COVID-related patents while the pandemic continued, and later said it would never enforce them for the 92 low- and middle-income countries.

However, since the fight against the coronavirus has “entered a new phase” and vaccine supply is not longer a barrier to access in many parts of the world, Moderna has updated its pledge and is seeking compensation.

“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,” said Stephane Bancel, Moderna’s chief executive officer, in a prepared statement.

Related: Pfizer seeks approval of omicron-targeted COVID vaccine booster

A spokesperson for Pfizer declined comment, indicating the company had not yet been served with a copy of the lawsuit, according to The Associated Press.

Moderna said in 2010 its scientists began developing a chemical modification to avoid provoking an undesirable immune response when mRNA is introduced into the body. Human trials validated the technology in 2015 and 2016.

Both developers brought COVID vaccines to federal regulators that used the mRNA technology. Pfizer’s shot was first to receive emergency use authorization in December 2020, with Moderna’s approval coming a week later.

The U.S. has administered more than 360 million doses of Pfizer’s COVID vaccine as of late August. That’s compared to more than 229 million doses of Moderna’s shot, and almost 18.9 million doses of the Johnson & Johnson vaccine, according to CDC data.

In Michigan, more than 6.9 million doses of Pfizer’s vaccine have been administered in Michigan, compared to more than 4.3 million doses of Moderna’s shot.

To find a vaccine near you, contact your primary care physician or use Michigan’s online vaccine finder, here.

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