BioNTech Sues Moderna Over Patent on Vaccine Technology Driving 55% COVID-19 Sales
BioNTech sued Moderna over its mNEXSPIKE vaccine, alleging use of domain-focused spike protein technology under U.S. Patent No. 12,133,899 from November 2024. Moderna generated $1.168 billion in COVID-19 vaccine sales through Q3 2025, with mNEXSPIKE projected to make up 55% of 2025–2026 vaccine revenues.
1. Patent Infringement Lawsuit
BioNTech has sued Moderna, alleging that mNEXSPIKE uses its domain-focused spike protein design without a license, constituting infringement of intellectual property.
2. Patent Details
The complaint cites U.S. Patent No. 12,133,899, issued in November 2024, which covers targeted spike protein domains that enable lower dosing and improved storage stability.
3. Sales Impact
Moderna reported $1.168 billion in COVID-19 vaccine sales through the third quarter of 2025 and projects mNEXSPIKE to account for 55% of its 2025–2026 vaccine revenues.
4. Legal History
The companies have exchanged patent lawsuits since 2022, with disputes over foundational mRNA technology rulings in U.S., European and U.K. forums.