GSK Sues Pfizer and BioNTech Over COVID-19 Vaccine Patents
Pharmaceutical giant GlaxoSmithKline (GSK) has filed a lawsuit against Pfizer and BioNTech, alleging that their COVID-19 vaccines, Comirnaty, infringe on GSK’s patents related to messenger RNA (mRNA) technology. The lawsuit claims that GSK’s patents for mRNA vaccines were developed more than a decade before the COVID-19 pandemic.
In response to the lawsuit, a spokesperson for Pfizer expressed confidence in their intellectual property (IP) position and stated that they would vigorously defend against GSK’s allegations. BioNTech declined to comment on the matter.
GSK believes that their patents provided the foundational technology used in Pfizer and BioNTech’s COVID-19 mRNA vaccines. They are open to licensing these patents on reasonable terms to ensure continued access to the vaccines for patients.
This legal action adds to the ongoing disputes in U.S. courts involving Pfizer, BioNTech, and Moderna over patent royalties for vaccine technology. In 2022, Moderna initiated a case against Pfizer regarding this issue.
Last year, Pfizer earned $11.2 billion from sales of Comirnaty, while Moderna made $6.7 billion from the Spikevax vaccine. However, sales of both vaccines declined significantly compared to the previous year.
GSK, headquartered in London, is seeking monetary damages from Pfizer and BioNTech, including an ongoing patent licensing fee. The company claims that its patents cover the technology used to deliver fragile mRNA into human cells, a development that began in 2008. GSK acquired the rights to this invention from Novartis’ vaccines unit in 2015.
Interestingly, this is not the first time GSK has sued Pfizer for patent infringement. Last year, they filed a lawsuit over technology used in Pfizer’s respiratory syncytial virus (RSV) vaccine, Abrysvo. Pfizer has dismissed GSK’s allegations in that case.
The legal battle over COVID-19 vaccine patents continues as pharmaceutical companies seek to protect their intellectual property rights and ensure fair compensation for their innovations.