GlaxoSmithKline sues Pfizer and BioNTech over Covid-19 vaccine technology

Reuters

Published Apr 25, 2024 14:39

Updated Apr 25, 2024 17:26

By Blake Brittain

(Reuters) -GlaxoSmithKline sued Pfizer (NYSE:PFE) and BioNTech (NASDAQ:BNTX) in Delaware federal court on Thursday, accusing them of infringing GSK (LON:GSK) patents related to messenger RNA (mRNA) technology in the companies' blockbuster COVID-19 vaccines.

GSK said in the lawsuit that Pfizer and BioNTech's Comirnaty vaccines violate the company's patent rights in mRNA-vaccine innovations developed "more than a decade before" the outbreak of the COVID-19 pandemic.

A Pfizer spokesperson said in a statement that the company is "confident in our IP position around Comirnaty" and intends to "vigorously defend" against GSK's claims. A BioNTech spokesperson declined to comment on the complaint.

A GSK spokesperson said the company believes its patents "provided the foundational technology used in Pfizer and BioNTech’s COVID-19 mRNA vaccines," and that it is "willing to license these patents on commercially reasonable terms and to ensure continued patient access" to the shots.

The lawsuit adds to a web of high-stakes U.S. court cases involving Pfizer, BioNTech and Moderna (NASDAQ:MRNA) over patent royalties for technology used in their vaccines, including a case brought by Moderna against Pfizer in 2022.

Pfizer made $11.2 billion from sales of Comirnaty last year, while Moderna earned $6.7 billion in revenue from its vaccine Spikevax. Sales of both vaccines declined significantly last year from 2022.

London-based GSK asked the court for an unspecified amount of monetary damages from Pfizer and BioNTech that includes an ongoing patent-licensing fee.