Moderna Inc (NASDAQ:MRNA) has reportedly won a major victory at the European Patent Office (EPO) in its ongoing legal battle with Pfizer Inc (NYSE:PFE) and BioNTech S.E (NASDAQ:BNTX) on the Covid-19 vaccine.
The EPO’s opposition division upheld the validity of one of Moderna’s crucial patents, boosting the mRNA vaccine maker’s efforts to claw back pandemic profits from its competitors, the Financial Times reports.
Although Pfizer has nine months to appeal the decision, the EPO’s written decision is expected in the coming months.
Also read: FDA Delays ‘Important’ Moderna Vaccine Review: William Blair Says 2025 Growth and ‘2026 Breakeven Story’ Depend on It
Moderna is actively pursuing legal action against Pfizer and BioNTech in courts across Europe and the United States, claiming that the Comirnaty vaccine infringes two patents.
In response, Pfizer and BioNTech filed a countersuit, arguing that Moderna’s patents filed in 2011 and 2016 are invalid.
“We are pleased to announce that the European Patent Office has decided to uphold the validity of Moderna’s EP949 patent, one of the key patents currently asserted against Pfizer and BioNTech in several European national courts,” Moderna told the Financial Times .
This legal wrangling has caused both parties to incur significant costs in their battle for the lucrative COVID-19 vaccine market.
The financial stakes are high: Moderna, Pfizer and BioNTech will generate a combined $73.2 billion in revenue from Covid-19 vaccines in 2022 alone. However, all three companies have seen their share prices fall as the pandemic has subsided and demand for vaccines has declined.
The EP949 patent, now upheld, will be further examined by national courts to determine its validity and whether Pfizer and BioNTech have infringed it.
The judge will also decide on any penalties. Despite this victory, Moderna has faced setbacks, including losing a challenge over its EP565 patent, which is currently under appeal.
Legal proceedings are ongoing in several jurisdictions, including the Netherlands, where the EP949 patent was previously declared invalid but is being appealed.
Upcoming rulings in London and other European courts will further shape the legal landscape, especially regarding Moderna’s pledge not to enforce its intellectual property rights during the pandemic.
Moderna claims it has no intention of blocking use of the Comirnaty vaccine, but is seeking a fair share of the profits from its mRNA technology.
Read next: What’s going on with Pfizer stock on Thursday?
Price promotion: MRNA shares are up 0.52% to $133.37, PFE shares are down 1.14% to $28.59, and BNTX shares are down 0.67% to $92.36 at last check Friday .
Disclaimer: This content was produced in part using AI tools and was reviewed and published by Benzinga’s editorial staff.
Photo via Wikimedia Commons
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This article European Patent Office sides with Moderna in COVID-19 vaccine patent dispute with Pfizer/BioNTech originally appeared on Benzinga.com
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