Covid-19 vaccine patent legal dispute concludes with split ruling

Jacob Manuschka
·2-min read
The legal dispute centres on two patents secured by US firm Moderna <i>(Image: Peter Byrne/PA)</i>
The legal dispute centres on two patents secured by US firm Moderna (Image: Peter Byrne/PA)

A legal battle between rival developers of Covid-19 jabs over vaccine technology patents has produced a mixed ruling from a High Court judge.

Pharmaceutical giant Pfizer and drug manufacturer BioNTech were in a dispute with vaccine developer Moderna regarding the use of messenger RNA technology in coronavirus jabs.

Moderna’s Spikevax vaccine was the third jab to be approved for use in the UK in January 2021 after the Pfizer/BioNTech and Oxford/AstraZeneca vaccines were approved.

Oxford University (Image: Newsquest)

Moderna had accused Pfizer and BioNTech of patent infringement relating to their Comirnaty vaccine.

It sued the two companies, arguing it was due compensation for products manufactured after March 7, 2022.

Pfizer and BioNTech denied infringement, with both firms seeking the “revocation” of two Moderna patents, claiming they were “invalid”.

Mr Justice Meade concluded in a 153-page ruling on Tuesday that one of Moderna's European patents, labelled EP565, was "invalid".

However, another patent, EP949, was found to be "valid" and infringed by Pfizer and BioNTech.

Pfizer said in a statement, echoed by BioNTech: "While we are pleased that one patent (EP565) has been found invalid, we are disappointed in the court’s decision to uphold the validity of another (EP949).

“We continue to believe that this second patent is invalid and will seek to appeal this decision.

"These proceedings have no bearing on the safety and efficacy profile of our vaccine, as established by regulators worldwide.

“Irrespective of the outcome of this legal matter, we will continue to manufacture and supply the Pfizer-BioNTech Covid-19 vaccine in line with our agreements and established supply schedules.”

A Moderna statement said: "We are pleased that the UK High Court recognised the innovation of Moderna scientists by confirming the validity and infringement of the EP949 patent.

“We disagree with some other aspects of the decisions and will consider addressing those issues on appeal."

The companies also clashed in court over the interpretation of Moderna’s previous “pledge” not to enforce its Covid-19 related patents while the pandemic continued.

A parallel trial in May focused on Pfizer and BioNTech’s ability to rely on the pledge as part of their defence.

Moderna issued its pledge on October 8, 2020, but on March 7, 2022, the company said it was updating it and expected its intellectual property to be respected in non-low and middle-income countries where supply was “no longer a barrier to access”.

In a separate 41-page ruling also issued on Tuesday, Mr Justice Richards concluded: “Pfizer/BioNTech had non-contractual consent to perform acts that would otherwise infringe the patents between October 8, 2020, and March 7, 2022."

  • Up next
  • Up next
  • Up next
  • Up next

Latest stories

  • "It wasn't a hygiene problem": Chinese takeaway goes from one to five stars

    Chinese takeaway Chee Wei has been given a top hygiene rating after being handed a one star previously.

  • 14 Times Disgruntled Employees Got Petty Revenge On Their Terrible Bosses In The Best Way

    "She effectively shut down the store bakery for a week. It took not one, but two people to replace my 67-year-old mother. She never went back. The department manager was fired."

  • What Labour has in store for your pension

    The pensioner vote has been a key battleground in this election. One of the Conservatives’ key pledges was the introduction of the “triple lock plus”, a higher tax-free personal allowance for the retired.

  • Here’s a 75p penny stock that has the potential to almost triple!

    Zaven Boyrazian looks at an up-and-coming natural resource penny stock that's potentially on track to thrive as demand for copper surges with EVs. The post Here’s a 75p penny stock that has the potential to almost triple! appeared first on The Motley Fool UK.

  • £1, £2, £3, £4: what’s to stop the Rolls-Royce share price reaching £10?

    After the stunning performance of the Rolls-Royce share price in the past 18 months, can it keep going? This writer looks at some potential scenarios. The post £1, £2, £3, £4: what’s to stop the Rolls-Royce share price reaching £10? appeared first on The Motley Fool UK.

  • James Timpson knows the secret to making money – very happy staff

    This article was first published in March

  • BYD's steep EV discounting in Thailand sparks backlash, PM seeks assurances

    Thailand's consumer protection agency has received about 70 complaints since initiating a probe into aggressive discounting by BYD dealers that has left some buyers feeling they overpaid for their Chinese electric vehicles. Prime Minister Srettha Thavisin told BYD Chief Executive Wang Chuanfu, who was in Thailand to mark the opening of its first Southeast Asian factory this week and paid a courtesy call to the premier on Friday, to better manage customer expectations about pricing and ensure local buyers were protected. Wang gave assurances that future pricing would be appropriate and affected customers would receive support, according to a government spokesman.

  • 4,000 unsafe items set for eBay seized by Suffolk Trading Standards

    Suffolk Trading Standards has seized thousands of unsafe products set to be sold on eBay.

  • China autos group 'strongly dissatisfied' with EU anti-subsidy tariffs

    The China Association of Automobile Manufacturers (CAAM) is "strongly dissatisfied" with anti-subsidy tariffs proposed by the European Union, the industry group said in a statement on Saturday. Manufacturers had cooperated with the European Commission's investigation into Chinese subsidies, but the inquiry had ignored the facts and preselected results, CAAM said in a post on the Chinese messaging app WeChat. The EU imposed tariffs of up to 37.6% on imports of electric vehicles made in China from Friday, with a four-month window during which the tariffs are provisional with intensive talks expected between the two sides.

  • Lawyer accused of sexual misconduct fails to get case thrown out

    A lawyer accused of sexting and inappropriately touching two female colleagues has failed to have his disciplinary hearing thrown out.

  • China hints at targets in EV tariff battle

    STORY: China has dropped some hints about how it could retaliate against EU tariffs on its electric vehicle exports. The Commerce Ministry said Friday it would hold a hearing to examine claims European brandy producers are selling into the country at below market rates. Officials have also referred to another probe into EU pork exports. Analysts say the targets were chosen to pressure Spain and France - which have been among the strongest backers of the new levies. Europe this week imposed import tariffs of up to 37.6% on China-made EVs. That will hit local brands like BYD, but also Chinese-made cars from western firms including Tesla. The tariffs are provisional, while Brussels conducts a probe in Beijing’s support for its carmakers. China has said both sides should stay at the negotiating table for now. Officials have said they don’t want another trade war, but will take all necessary steps to protect Chinese firms. Reports in state-backed media indicate other possible targets for retaliation. That could include dairy products and luxury cars. The EU tariffs have also divided opinion in Europe. German automakers have called for them to be scrapped, fearing they could be a target for Beijing’s response.

  • North Sea oil producers urge Labour's Starmer for tax clarity

    North Sea oil and gas producers urged Britain's incoming Prime Minister Keir Starmer to provide clarity on his election promise to increase tax on the sector, warning it could lead to a rapid decline in output and revenue. Starmer's Labour Party swept to power in a parliamentary election on Thursday, ending 14 years of Conservative government. David Whitehouse, Chief Executive of industry body Offshore Energies UK, said the sector and investors were deeply concerned over Labour's plans.

  • A self-employed Gen Zer shares why she isn't planning to go back to working for anyone else

    Rachel Wells doesn't see herself ever working for an employer again, given the perks of being fully self-employed and trying different income streams.

  • Don’t call me a job blocker. We can’t all afford to retire

    Letters: Readers respond to Mary Beard’s defence of Cambridge University’s mandatory retirement age

  • Employee wellbeing focus of Encirc's new mental health strategy

    Encirc, a significant player in glass container design, manufacturing, and logistics solutions, has pledged to prioritise employee health and wellbeing.

  • Is America saving enough for retirement?

    Despite high inflation, Vanguard found that Americans set aside funds for retirement at the highest rates ever.

  • China steps up pressure with EU brandy probe hearing as EV tariffs begin

    BEIJING (Reuters) -China announced the next step in its anti-dumping investigation into European brandy imports on Friday, ramping up tension on the day the European Commission's provisional tariffs on Chinese-made electric vehicles take effect. Ahead of the bloc confirming tariffs of up to 37.6% on Chinese-made EVs on Thursday, a commerce ministry spokesperson told a news conference that Brussels and Beijing should keep negotiating, but kept the prospect of retaliation was alive with a reference to another investigation into EU pork imports.

  • OpenAI's internal AI details stolen in 2023 breach, NYT reports

    The hacker lifted details from discussions in an online forum where employees talked about OpenAI's latest technologies, the report said, citing two people familiar with the incident. In May, 16 companies developing AI pledged at a global meeting to develop the technology safely at a time when regulators are scrambling to keep up with rapid innovation and emerging risks.

  • Trains boss gets £800k bonus despite soaring cancellations

    The boss of Britain’s biggest transport company is being awarded an £800,000 bonus – nearly double the size of his salary – even as train cancellations soar, The Telegraph can reveal.

  • ConocoPhillips Sues Over Biden Arctic Plan That Thwarts Drilling

    (Bloomberg) -- ConocoPhillips sued to block a Biden administration ban on drilling across nearly half the National Petroleum Reserve in Alaska, claiming the measure violates a federal law that compels oil development there.Most Read from BloombergBiden Narrows Gap With Trump in Swing States Despite Debate LossIran Elects President Who Wants to Revive Nuclear Talks With WestBiden’s Defiant Interview Unlikely to Calm Democratic NervesA $14 Billion Walmart Heir Joins Novogratz Urging Biden ExitTrum