Moderna’s Lawsuit Paused as Patent Office Reviews Validity
A Massachusetts federal court has decided to put a pause on the patent lawsuit filed by Moderna against Pfizer and BioNTech. The court will wait for the United States Intellectual Property Office to determine the validity of two of the three Moderna patents in question. This decision comes despite Moderna’s objections, with US Magistrate Richard Stearns stating that the Patent Office’s rulings would simplify the patent-infringement litigation.
In response to the news, representatives of Pfizer and BioNTech have yet to comment. Moderna expressed disappointment with the pause but remains confident in the strength and validity of its patents. The lawsuit, filed in 2022, accuses Pfizer and BioNTech of violating Moderna’s patent rights related to messenger-RNA technology, joining other biotech companies seeking patent royalties from the COVID-19 vaccine.
Both Moderna and Pfizer saw significant revenue declines from their vaccine sales in the past year compared to 2022. Moderna earned $6.7 billion from its Spikevax vaccine, while Pfizer made $11.2 billion from its Comirnaty vaccine. In defense against infringement claims, defendants often turn to the United States Intellectual Property Office’s Patent Trial and Appeal Board, which reviews the validity of patents issued by the Office. Pfizer and BioNTech asked the board to review two Moderna patents earlier this year, arguing that they were overly broad and covered an idea known before their invention.
Last month, it was agreed that both patents would undergo review. Typically, office review proceedings last between one year and 18 months. As a result, Pfizer requested that the Massachusetts court suspend Moderna’s infringement case during this review process. Stearns granted Pfizer’s request, believing that the board review would streamline the infringement case. He assured Moderna that the pause would not harm their financial position or their ability to present evidence in court.
The judge has indicated that the infringement trial could take place in the autumn or early winter. Moderna had opposed Pfizer’s request, stating that a stay would be highly prejudicial and unnecessarily delay the proceedings. The case, titled ModernaTX Inc v. Pfizer Inc, is being held in the United States District Court for the District of Massachusetts, with legal representatives from Wilmer Cutler Pickering Hale & Dorr involved.
In conclusion, the patent lawsuit between Moderna, Pfizer, and BioNTech has been put on hold as the United States Intellectual Property Office reviews the validity of Moderna’s patents. Despite Moderna’s objections, the court believes that this pause will simplify the patent-infringement litigation. The infringement trial is expected to proceed in the near future, and both companies’ vaccine sales have seen declines in revenue compared to the previous year.