Pharmaceutical giant GlaxoSmithKline (GSK) has filed two lawsuits against Moderna in a U.S. federal court, accusing the biotech firm of infringing on patents related to mRNA technology in its COVID-19 vaccine, Spikevax, and its RSV vaccine, mResvia. Filed in Delaware on Tuesday, the lawsuits mark a significant escalation in the battle over intellectual property rights surrounding the groundbreaking mRNA technology used in several COVID-19 vaccines.
GSK claims that Moderna’s use of lipid nanoparticles to deliver fragile mRNA into human cells violates multiple GSK-held patents, some dating back to 2008. The British drugmaker, which acquired these rights through its purchase of Novartis’ vaccine business in 2015, is seeking unspecified monetary damages.
This isn’t GSK’s first legal action over mRNA technology. The company filed a similar lawsuit against Pfizer and its German partner BioNTech in April for their COVID-19 vaccine, Comirnaty, which also uses lipid nanoparticle technology. The growing web of lawsuits highlights the high stakes surrounding mRNA vaccines, which generated billions in revenue during the pandemic.
Moderna, based in Massachusetts, responded by stating that it is aware of the legal actions and intends to vigorously defend itself against the allegations.
GSK, meanwhile, expressed willingness to license its patented technology “on commercially reasonable terms” to ensure ongoing patient access to life-saving vaccines. Moderna’s COVID-19 vaccine earned the company $6.7 billion in revenue last year, while Pfizer’s Comirnaty brought in $11.2 billion. However, sales for both vaccines have dropped significantly since the pandemic’s peak.
The U.S. Food and Drug Administration (FDA) approved Moderna’s RSV vaccine in May 2023, adding to its growing vaccine portfolio. GSK’s lawsuits, however, argue that their patented technology forms the foundation of Moderna’s mRNA portfolio, including both the COVID-19 and RSV vaccines.
This legal battle joins a broader landscape of patent disputes within the pharmaceutical industry, as companies seek to secure their intellectual property and defend the fruits of their research investments in mRNA technology.
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