US Patent Board invalidates Moderna vaccine IP

6 March 2025

The US Patent Trial and Appeal Board handed a massive victory to Pfizer (NYSE: PFE) and BioNTech (Nasdaq: BNTX) on Wednesday, as it invalidated two of Moderna (Nasdaq: MRNA) patents covering its Spikevax COVID-19 vaccine, which the challengers stand accused of infringing, according to media reports.

The Patent Trial and Appeal Board agreed with Pfizer and its German partner that Moderna's patents were invalid based on "prior art" that disclosed the inventions before Moderna patented them. The decision, which is currently sealed, can be appealed to the US Court of Appeals for the Federal Circuit.

A Moderna spokesperson said the company disagrees with the decision and is evaluating its appeal options. Pfizer and BioNTech said in company statements that the decision confirms their position that the two Moderna patents are invalid.

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