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Blow to Moderna as EU nixes mRNA vaccine patent

November 22, 2023


Moderna has lawsuits on the go against BioNTech in several jurisdictions, including the US, Germany, the UK, the Netherlands, Belgium, and Ireland, claiming that its Comirnaty vaccine infringes patents covering its own Spikevax shot, including EU patents EP3590949 (the ‘949 patient) and EP3718565 (‘565), which make claims for mRNA vaccines intended to treat respiratory diseases.

BioNTech and Pfizer have since countersued, seeking to dismiss Moderna’s suit and further claiming that its patents are invalid and not infringed, and make claims that “far exceed its contributions to the field.”

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