Moderna wins a battle in vaccine patent dispute with Pfizer-BioNTech – The Boston Globe

Moderna said Friday that the European Patent Office has upheld the validity of one of its key patents, a victory in a continuing dispute with Pfizer and BioNTech over rival COVID-19 vaccines.

Cambridge-based Moderna has been fighting Pfizer and BioNTech in the courts over the partners COVID shot, called Comirnaty. Moderna sued them in 2022 for allegedly copying its messenger RNA technology.

Pfizer and BioNTech, its German business partner, filed a countersuit, alleging that Modernas patent was invalid.

Comirnaty and Modernas vaccine, Spikevax, generated billions of dollars during the pandemic. But revenues have plunged as the health threat receded and there was tepid interest in booster shots.

We are pleased that the European Patent Office decided to maintain the validity of Modernas EP949 patent, one of the key patents currently asserted against Pfizer and BioNTech in various European national courts, Moderna said in a statement to the Globe.

Moderna said it expected that Pfizer-BioNTech will appeal the decision. New York-based Pfizer told Reuters that it was disappointed in the decision and would consider all legal options.

Irrespective of the outcome of this legal matter, we will continue to manufacture and supply the Pfizer-BioNTech COVID-19 vaccine, Pfizer said in a statement to Reuters.

The oral decision was handed down on Thursday, according to the Financial Times, which was the first to report the matter. A written decision is expected to be published in the coming months.

Modernas stock was largely unchanged on Friday, rising 0.17 percent to close at $132.90.

Jonathan Saltzman can be reached at jonathan.saltzman@globe.com.

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Moderna wins a battle in vaccine patent dispute with Pfizer-BioNTech - The Boston Globe