Pfizer and Moderna lose bids to escape Bayer US mRNA patent lawsuit
PFE•A federal judge in Delaware rejected Pfizer, BioNTech and Moderna requests to dismiss Bayer patent lawsuits over mRNA technology used in their COVID-19 vaccines.
1. Dismissal bids rejected
U.S. Circuit Judge William Bryson said the vaccine makers had not shown at this early stage that Bayer’s patent was invalid or that their vaccines did not infringe it. Bayer said it was pleased with the decision and remained confident its patented innovations were used without authorization.
2. Dispute over technology
Bayer sued the companies in January, alleging they copied technology developed by Monsanto in the 1980s to strengthen mRNA in crops and used it to stabilize genetic material in their vaccines. The vaccine makers argued their manufacturing processes worked differently; Moderna also argued the patent covered an unpatentable “law of nature.” Bayer has filed a separate, ongoing lawsuit against Johnson & Johnson in New Jersey.
