British pharmaceutical giant GlaxoSmithKline (GSK) has initiated legal action against Moderna in a US federal court in Delaware, alleging that Moderna’s COVID-19 vaccine, Spikevax, infringes upon GSK’s patent rights related to messenger RNA (mRNA) technology. The core of the dispute centers around Moderna’s use of lipid nanoparticles, crucial for delivering fragile mRNA into the human body—technology GSK claims is protected by its patents.
This lawsuit follows a similar case that GSK filed against Pfizer and BioNTech in April, accusing them of patent violations concerning their COVID-19 vaccine, Comirnaty. GSK is seeking unspecified financial compensation but has indicated its willingness to negotiate licensing agreements under fair terms to ensure patient access to vaccines.
Also Read: UK Health Officials Warn of Rising Covid Cases Linked to New Variant
Moderna, which generated $6.7 billion in revenue from Spikevax last year, has stated that it is prepared to defend itself against the allegations. Meanwhile, GSK asserts that its patents, originating from research in 2008 and acquired through its 2015 purchase of part of Novartis’ vaccine business, form the basis of Moderna’s mRNA technology.
This lawsuit is part of a broader series of legal battles in the US over patent royalties for mRNA technologies used in COVID-19 vaccines, including a 2022 lawsuit by Moderna against Pfizer. Both Moderna and Pfizer saw a decline in vaccine sales last year, with Pfizer earning $11.2 billion from its COVID-19 vaccine, a drop from previous pandemic-driven sales figures.
