On Tuesday, British pharmaceutical company GlaxoSmithKline (GSK) filed a lawsuit against Moderna in a federal court in Delaware, claiming that its American competitor has infringed on GSK’s patent rights related to messenger RNA (mRNA) technology through the use of its popular COVID-19 vaccine, Spikevax.
GSK’s lawsuits assert that Moderna’s lipid nanoparticles, which are designed to transport sensitive mRNA into the human body, violate multiple patents that GSK holds for similar technological advancements. Earlier this year, in April, GSK also initiated a lawsuit against Pfizer and BioNTech in the same court regarding their COVID-19 vaccine.
In this latest legal action, GSK is seeking unspecified financial damages. A representative for Moderna acknowledged the new lawsuit and stated that the company is prepared to defend itself vigorously against the allegations. Meanwhile, a spokesperson for GSK mentioned that the company is open to licensing the patented technology on reasonable commercial terms to ensure ongoing access for patients.
This series of legal battles is part of a complex landscape of patent disputes in U.S. courts involving Pfizer, BioNTech, and Moderna over the rights to technology utilized in their vaccines. Notably, Moderna has previously brought a lawsuit against Pfizer in 2022 regarding patent royalties. Last year, Moderna generated $6.7 billion in revenue from Spikevax, while Pfizer reported $11.2 billion in sales from its and BioNTech’s vaccine, Comirnaty.
GSK’s complaint highlights that its patents encompass mRNA technology developed in 2008, which it claims lays the groundwork for Moderna’s entire portfolio of mRNA vaccines. GSK acquired these rights when it purchased a portion of Novartis’ vaccine division in 2015.
