Pfizer and BioNTech have been hit with a patent infringement lawsuit by GlakoSmithKline in federal court in Delaware. GSK claims that their patents on mRNA vaccine technology are being infringed upon by Pfizer and BioNTech’s Comirnati vaccines.
The company accuses the two drugmakers of using their innovations to develop COVID-19 vaccines without obtaining proper licensing or permission from GSK. In response to the lawsuit, Pfizer has stated that it is confident in its intellectual property (IP) position for Comirnati and plans to vigorously defend itself against GSK’s claims. BioNTech has not yet commented on the matter.
GSK’s patents cover technology to deliver mRNA into human cells, which was developed in 2008 and bought by Novartis in 2015. The company has stated that they are willing to license their patents on reasonable terms to ensure patient access to vaccines. However, GSK is also seeking monetary damages from Pfizer and BioNTech, including ongoing patent licensing fees.
This lawsuit adds to ongoing court battles involving Pfizer, BioNTech and Moderna over patent fees for vaccine technology. Last year, Pfizer’s sales of Comirnati totaled $11.2 billion while Moderna’s Spikevac earned $6.7 billion. GSK is looking to make up for lost revenue from these competitors by taking legal action against them for patent infringement related to their RSV vaccine Abrisvo last year, where Pfizer denied their claims.