GSK filed two lawsuits against Moderna on Tuesday, accusing the vaccine developer of using protected mRNA technology in its COVID-19 vaccine Spikevax and respiratory syncytial virus shot mResvia. woke up.
The lawsuit, filed separately in U.S. District Court for the District of Delaware, declares that Moderna has infringed “literally or under the doctrine of equivalents” several patents that “provide the foundation for Moderna’s mRNA vaccine portfolio.” I’m asking for a verdict. ”
GSK is also seeking damages to cover the alleged infringement and payment of a “mandatory continuing license fee” for the alleged technology.
“Moderna has earned billions of dollars in revenue by infringing GSK’s disputed patents and continues to do so without obtaining a license,” the complaint alleges. “GSK brought this action to recover reasonable royalties for infringing sales of Moderna’s mRNA vaccine using these protected technologies.”
Spikebucks’ revenue went from more than $18 billion in 2022 to about $6.7 billion in 2023.
Meanwhile, GSK’s RSV lawsuit on Tuesday targets the recently approved mResvia, which won FDA approval in May 2024. Late-stage data showed the mRNA vaccine was 83.7% effective against lower respiratory tract disease. Moderna plans to have the shot available by the 2024/2025 RSV season.
Jefferies analyst Peter Welford said in an August 2024 note to investors that mResvia’s market entry would do little to threaten GSK’s own RSV vaccine Arexvy, while Moderna’s shot was It held a “negligible” market share.
Tuesday’s lawsuit ramps up GSK’s legal efforts to assert its rights to important COVID-19 patents. In April 2024, a British pharmaceutical company filed a similar complaint against Pfizer and BioNTech for alleged infringement of protected mRNA vaccine technology. At the time, GSK claimed that the defendants had “misappropriated underlying technology” owned by GSK without obtaining a license to practice these inventions “before or after commercialization.”
In the Moderna lawsuit, GSK is seeking damages it allegedly suffered as a result of the infringement, as well as ongoing license fees.
GSK’s latest lawsuit adds to the complex legal battle over COVID-19 vaccines, which included Moderna’s patent infringement suit against Pfizer and BioNTech in August 2022. At the time, mRNA experts focused on two key technologies: the process of encoding the full-length spike protein wrapped in lipid nanoparticles, and specific chemical changes to the mRNA molecules within the vaccine. .
Pfizer and BioNTech fired back a year later, challenging the validity of Moderna’s patents with the U.S. Patent and Trademark Office.
