BioNTech and Pfizer claim that Moderna has rewritten history, "erasing the contributions of many outstanding and dedicated scientists and placing itself as the sole protagonist." .

The COVID-19 epidemic, which is unprecedented for mankind in a century, has forced the global economy and society to press the pause button. Biotechnology companies, pharmaceutical giants, and global scientists worked together to develop a vaccine based on mRNA technology in a very short period of time, which effectively prevented the spread of the virus, especially severe cases, and ended the COVID pandemic. In such a short period of time, top scientists from all walks of life worked together and concentrated all available resources in order to defeat mankind's common enemy. In the eye of this hurricane, mRNA technology has developed in a geometric leap and entered large-scale clinical applications several years ahead of schedule. It has also brought LNP lipid nanoparticle delivery technology to the center of the stage. So far, many companies have deployed in LNP-related fields.

The advancement of technology and the widespread use of products have brought returns to the giants. According to SOMO (Research Center for Multinational Corporations) estimates, the total profit of the global COVID prevention and treatment market is close to a staggering US$90 billion in 2021 and 2022 alone. , Pfizer's COVID-19 related products alone generated $35 billion in net profits. BioNTech and Moderna each made at least $20 billion !

Behind the huge revenue scale of mRNA vaccines, major global giants will inevitably fall into chaotic patent battles. In March 2024, the PTAB expressed support for BioNTech and Pfizer's patent challenge against Moderna. Once again, the patent dispute surrounding LNP and mRNA technology has been pushed to the forefront.

Abraham Lincoln once said: The patent system has added the fuel of interest to the fire of genius. The patent system adds fuel to the fire of genius.

Among them, Moderna, Alnylam, Pfizer/BioNTech, etc. are also the main leaders. The competitive relationship between them is complicated, as can be seen in Figure 1.

The development process of the patent dispute

On August 26, 2022, Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in the District Court of Massachusetts in the United States and the District Court of Dusseldorf, Germany . Moderna's lawsuit involves three patents, and there appears to be evidence that Pfizer and BioNTech illegally copied mRNA chemical modifications, specifically N1-methylpseudouracil (m1ψ) - an mRNA chemical that can avoid adverse immune reactions in the body when mRNA vaccines are produced. Retouching techniques .

In the same year, Moderna also received lawsuits from Alnylam, Arbutus and Genevan . These companies accused Moderna of selling Spikevax vaccine products that infringed on their patents and claimed compensation from them; Pfizer and BioNTech were sued by Alnylam, CureVac and Moderna, and also involved multiple Patent infringement.

In April 2023, Arbutus and Genevant filed a lawsuit against Pfizer and BioNTech in the U.S. District Court of New Jersey for infringement of five patents regarding the production and sale of the Comirnaty COVID vaccine, involving the formulation composition, production process, and delivery of mRNA-LNP. Technology and Usage. In May, Alnylam sued Pfizer and Moderna for the third time in Delaware , claiming that these companies infringed its patent rights in LNP technology.