Counterclaim by Pfizer/BioNTech against Moderna

In September 2022, it became known that Moderna, a biotechnology company based in Cambridge in the U.S. state of Massachusetts, is attempting to assert claims of alleged patent infringement against its competitors Pfizer and BioNTech. Patent infringement lawsuits have been filed in the U.S. as well as in Germany. The allegations relate to alleged infringement of several patents held by Moderna in the context of the joint development of a Covid-19 vaccine by Pfizer and BioNTech. Among other things, Moderna alleges that Pfizer and BioNTech used mRNA structures and lipids in their vaccine patented by Moderna.

Pfizer and BioNTech are now defending themselves against Moderna in the USA with a declaratory judgment action. Pfizer and BioNTech argue that the mRNA structures and lipids are not covered by the scope of protection Moderna's patents and have sought a declaratory judgment that there is no patent infringement.

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