However, Moderna’s lawyers said on Friday that the company now expects compensation from Pfizer and BioNTech for the “ongoing use”. The level of desired compensation was not revealed.
“Outside of AMC 92 countries, where vaccine supply is no longer a barrier to access, Moderna expects Pfizer and BioNTech to compensate Moderna for Comirnaty’s ongoing use of Moderna’s patented technologies,” said Shannon Thyme Klinger, Moderna’s chief legal officer, in a statement.
She added that Moderna believes Pfizer “unlawfully copied” the firm’s inventions and is now using them without permission.
“Our mission to create a new generation of transformative medicines for patients by delivering on the promise of mRNA science cannot be achieved without a patent system that rewards and protects innovation,” she said.
Stéphane Bancel, the chief executive of Moderna, said: “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.”
The crux of the issue revolves around two particular alleged patent infringements that make the vaccines functional and safe. Moderna alleges that Pfizer “knowingly followed Moderna’s lead in developing their own vaccine”.