BRIEF—EPO sides with Moderna in covid vaccine dispute

USA-based Moderna has won a case at the European Patent Office (EPO) in its dispute with Pfizer and BioNTech over its Covid-19 vaccine, in a boost for the mRNA-vaccine maker in its ongoing legal fight to recoup pandemic profits from its rivals.

According to the UK’s Financial Times, the decision by the EPO’s Opposition Division to uphold the validity of one of two disputed patents is a boost for Moderna, which has faced several setbacks in its legal battle over Pfizer and BioNTech’s bestselling Comirnaty vaccine.

Pfizer and BioNTech have two months to lodge an appeal, which Pfizer said it may do. BioNTech said the EPO decision “does not change our unwavering and unequivocal stance that this patent is invalid,” adding “we will continue to vigorously defend our innovations against all allegations of patent infringement including this case,” the FT noted.

The financial stakes are high, with Moderna, Pfizer, and BioNTech generating a combined $73.2 billion in revenue from Covid-19 vaccines in 2022 alone.

Moderna, which markets the Spikevax vaccine, started legal action against Pfizer and BioNTech in 2022.