Patent infringement lawsuit against BioNTech

GlaxoSmithKline (GSK) has filed a lawsuit alleging that the mRNA technology used by Pfizer and BioNTech in their COVID-19 vaccines infringes upon its own patents. Pfizer has denied the allegations, while no statement has been made by BioNTech.

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GlaxoSmithKline (GLAX.NS) filed a lawsuit in Delaware federal court on Thursday against Pfizer (PFE.N) and BioNTech (22UAy.DE), alleging that they infringed on GSK patents related to the mRNA technology in their COVID-19 vaccines, which made the companies record-breaking in terms of shares.

In the lawsuit, GSK stated that the “Comirnaty” vaccines from Pfizer and BioNTech infringe on patent rights for mRNA vaccine innovations that the company developed “more than a decade before” the outbreak of the COVID-19 pandemic.

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A Pfizer spokesperson said in a statement that the company is “confident in its intellectual property rights regarding Comirnaty” and intends to “mount a vigorous defense” against GSK's claims. Representatives for BioNTech and GSK have not yet commented on the lawsuit.

The lawsuit joins a series of cases filed regarding the patenting of mRNA vaccines, including a case filed by Moderna against Pfizer in 2022.

While Pfizer earned 1.5 trillion TL from Comirnaty sales last year, the company Moderna generated 218 billion TL in revenue from its Spikevax vaccine. Sales for both vaccines have decreased significantly compared to 2022.

Last year, GSK also filed a patent infringement lawsuit against Pfizer over the technology used in “Abrysvo,” Pfizer's respiratory syncytial virus (RSV) vaccine. Pfizer denied GSK's claims in that case as well.