Pfizer and BioNTech's Legal Setback in UK Over COVID Vaccine Patent

In a significant legal development, Pfizer and BioNTech have faced a setback in their ongoing patent dispute with Moderna regarding the COVID-19 vaccine after the UK Court of Appeal upheld a prior ruling. This decision marks a pivotal moment in a multi-million-pound legal contest involving major pharmaceutical companies.

The Appeal Court in London confirmed that while one of the patents held by Moderna was deemed invalid, another patent was infringed upon by Pfizer and BioNTech. The court stated that the initial ruling, which was issued in July 2024, was legally sound and free from errors. As a result, Pfizer and BioNTech's appeal has been dismissed.

In response to the ruling, Pfizer announced plans to escalate the matter to the Supreme Court of the United Kingdom. The company maintains its position that the contested patent is invalid and asserts that the court's decision does not have any immediate repercussions for its operations.

Both Pfizer and BioNTech have contended that the patents in question were not only invalid but also that their vaccine development did not infringe on these rights. However, the implications of this ruling could extend beyond the UK, potentially influencing similar cases in jurisdictions such as the United States and several European countries including Germany, Belgium, the Netherlands, and Ireland.

Moderna has welcomed the appellate court's ruling, indicating its commitment to safeguarding its patent rights on a global scale, particularly concerning its innovative mRNA technology. The company emphasized its intent to enforce its patent rights vigorously.

According to court documents, the legal battles between these pharmaceutical giants have incurred substantial costs, with reports indicating that Pfizer and BioNTech have invested approximately £19 million (around $25 million) in their legal efforts.

Since its emergency use authorization in 2020, the vaccine developed by Pfizer and BioNTech has been recognized as the first mRNA vaccine approved for widespread distribution, playing a crucial role in the global response to the COVID-19 pandemic. Scientists regard mRNA vaccine technology as a potential game-changer, allowing for quicker development and deployment compared to traditional vaccine methods that often rely on inactivated pathogens.

Earlier this year, a court in Düsseldorf, Germany, also found that Pfizer and BioNTech had infringed upon a patent owned by Moderna, which had been filed between 2010 and 2016, further complicating the legal landscape for the companies. The German court ordered Pfizer and BioNTech to provide a financial estimate of their gains from the patent infringement and mandated appropriate compensation.