In a lawsuit filed in Delaware federal court, GlaxoSmithKline accused Pfizer and BioNTech of infringing on GSK patents related to messenger RNA (mRNA) technology used in their COVID-19 vaccines. The pharmaceutical giant claims that the Comirnaty vaccines developed by Pfizer and BioNTech violate patents that GSK developed over a decade before the COVID-19 pandemic.
Pfizer is confident in its intellectual property position and intends to vigorously defend against GSK’s claims, while BioNTech has not commented on the lawsuit. GSK believes its foundational technology was used in Pfizer and BioNTech’s mRNA vaccines and is willing to license its patents on commercially reasonable terms to ensure continued patient access to the vaccines.
The lawsuit is part of a series of high-stakes court cases involving Pfizer, BioNTech, and Moderna over patent royalties for vaccine technology. Last year, Pfizer made $11.2 billion from Comirnaty sales, while Moderna earned $6.7 billion from its Spikevax vaccine.
GSK is seeking monetary damages from Pfizer and BioNTech, including an ongoing patent-licensing fee. The lawsuit alleges that GSK’s patents cover the technology for transporting mRNA into human cells, which was developed in 2008 and acquired by GSK when it bought part of Novartis’ vaccines business in 2015. Additionally, GSK previously sued Pfizer for patent infringement regarding technology used in Pfizer’s RSV vaccine Abrysvo. Pfizer has denied GSK’s claims in that case.