Moderna, Pfizer and BioNTech are in a dispute over the rights to life-saving vaccine technology patents.
A legal battle between rival developers of Covid-19 jabs over life-saving vaccine technology patents has produced a mixed ruling from a High Court judge.
Pharmaceutical giant Pfizer and drug manufacturer BioNTech have been locked in a dispute with vaccine maker Moderna over the use of messenger RNA (mRNA) technology in coronavirus jabs.
The rival firms faced off at two trials in London earlier this year amid parallel litigation in the US, Germany, the Netherlands and other countries.
US firm Moderna sued American competitor Pfizer and its German partner BioNTech for alleged patent infringement in relation to their Comirnaty vaccine, arguing it was due compensation.
Pfizer and BioNTech denied infringement with both firms seeking the “revocation” of two Moderna patents, claiming that they are “invalid”.
In a 153-page written ruling on Friday, Mr Justice Meade concluded that one of the European Moderna patents, labelled EP565, was “invalid”.
But the judge said a different patent, called EP949, was “valid” and was infringed by Pfizer and BioNTech.
Moderna’s Spikevax vaccine was the third jab to be approved for use in the UK in January 2021 after the Pfizer/BioNTech and Oxford/AstraZeneca vaccines were approved.
Pfizer said in a statement after the ruling: “Pfizer and BioNTech believe in the value and strength of our innovative science and our own intellectual property.
“While we are pleased that one patent (EP565) has been found invalid, we are disappointed in the court’s decision to uphold the validity of another (EP949).
“We continue to believe that this second patent is invalid and will seek to appeal this decision.
“These proceedings have no bearing on the safety and efficacy profile of our vaccine, as established by regulators worldwide.
“Irrespective of the outcome of this legal matter, we will continue to manufacture and supply the Pfizer-BioNTech Covid-19 vaccine in line with our agreements and established supply schedules.”
A Moderna statement said: “We are pleased that the UK High Court recognised the innovation of Moderna scientists by confirming the validity and infringement of the EP949 patent and that (the) defendants were not entitled to use Moderna’s patented technology for any infringing activity after March 7 2022.
“We disagree with some other aspects of the decisions and will consider addressing those issues on appeal.”
