Northwestern University has filed a patent infringement lawsuit against Moderna Inc.’s MRNA Inc., alleging that the university’s lipid nanoparticle (LNP) technology was used without permission to develop a coronavirus vaccine.
The development of Moderna’s COVID-19 vaccine, Spikevax, relied on key technological advances made at Northwestern, according to the complaint.
Also read: Alnylam admits patent infringement lawsuit against Moderna’s COVID-19 vaccine.
Spikevax contains messenger RNA (mRNA) that instructs cells to make proteins essential to generating an immune response. However, delivering mRNA to cells has become a major challenge due to cell resistance. Northwestern scientists have overcome this hurdle by developing synthetic LNPs that mimic the behavior of naturally occurring lipoproteins and allow mRNA to effectively enter human cells.
The International Institute for Nanotechnology (IIN), a research institute at Northwestern University, played a key role in this breakthrough. Since its founding, IIN has supported more than $2.7 billion in research and contributed to numerous medical advances.
IIN’s efforts have resulted in over 2,000 products and over 40 startups.
Despite being notified of the patent, Moderna has not licensed the LNP technology.
Northwestern is currently seeking damages for continuing infringement, but not injunctive relief.
Moderna’s coronavirus vaccine has generated significant profits, capturing 45% of the U.S. coronavirus vaccine market. Moderna generated $5.4 billion in U.S. revenue from its vaccine in 2021 and $4.4 billion in 2022.
The university claims Moderna’s patented technology extends beyond COVID-19 vaccines. The company is also incorporating LNP advances into vaccines for other diseases. Moderna acknowledges the critical role of LNPs in mRNA vaccine development, calling the particles the “unsung hero” behind its success.
Recently, GSK Plc GSK filed a lawsuit against Moderna and its affiliates, alleging that Moderna’s mRNA vaccine infringes a patent developed by GSK.
GSK said the technology used in Moderna’s vaccines, including the Spikevax family of vaccines, is based on a platform created by a team led by vaccinologist Christian Mandl.
Pfizer Inc. PFE and Moderna are poised for yet another legal battle over rival coronavirus vaccines after London’s High Court handed down mixed rulings on two of the company’s patents.
The high court’s ruling declared one of Moderna’s mRNA technology patents invalid but upheld another, confirming that Pfizer and BioNTech SE’s BNTX Comirnaty vaccine infringed the patent.
Price Action: MRNA stock was down 1.17% at $56.79 at last check on Thursday.
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