BioNTech Sues Moderna Over Spike Protein Patent No. 12,133,899
BioNTech sued Moderna for infringing its U.S. Patent No. 12,133,899 covering domain-based spike protein vaccine design, alleging mNEXSPIKE uses select spike protein domains for lower doses and improved stability. Pfizer could benefit if damages are awarded or Moderna’s vaccine sales—$1.168 billion through Q3 2025 with mNEXSPIKE at 55%—are curtailed.
1. Patent Infringement Allegations
BioNTech alleges that Moderna’s mNEXSPIKE vaccine infringes its U.S. Patent No. 12,133,899 for a domain-based SARS-CoV-2 spike protein design that targets specific spike domains to elicit strong immune responses with lower doses and enhanced storage stability.
2. Pfizer's Potential Gains
Pfizer, as BioNTech’s partner on Comirnaty, could benefit through licensing fees or damage awards if Moderna is found liable and its mNEXSPIKE vaccine sales are restricted, potentially boosting Pfizer’s vaccine portfolio revenue.
3. Moderna Revenue and Projections
Moderna generated $1.168 billion in COVID-19 vaccine sales through the third quarter of 2025, with mNEXSPIKE expected to account for 55% of its 2025–2026 respiratory season sales, making the lawsuit’s outcome materially significant for its market share.