In a major legal victory for Moderna, the European Patent Office has upheld the validity of one of the disputed patents in its ongoing battle with Pfizer and BioNTech over the Covid-19 vaccine. The decision by the EPO’s Opposition Division is a significant boost for Moderna, which has been fighting to recoup pandemic profits from its rivals.
Moderna’s EP949 patent, which is one of the key patents asserted against Pfizer and BioNTech in various European national courts, has been maintained by the EPO. This decision comes as a blow to Pfizer and BioNTech, who now have a nine-month window to lodge an appeal.
The legal battle between the companies revolves around the profits generated from the Covid-19 vaccines, with Moderna claiming that the Comirnaty vaccine infringes two of its patents. The EPO ruling is expected to have a significant impact on the ongoing litigation in courts across Europe and the US.
Despite the legal challenges, all three pharma companies – Moderna, Pfizer, and BioNTech – have collectively made billions in revenues from their Covid-19 vaccines. However, as the pandemic recedes and demand for vaccines wanes, their share prices have been affected.
Moderna’s 949 patent is crucial for its mRNA-based Covid-19 vaccine and could also have implications for future treatments. The EPO’s decision to maintain the validity of this patent is a significant win for Moderna in its legal battle with Pfizer and BioNTech.