Moderna wins patent dispute against Biontech and Pfizer – millions in claims threatened
Moderna wins patent lawsuit against Biontech and Pfizer – Düsseldorf court orders companies to pay compensation and damages.

The US pharmaceutical company Moderna achieved an important victory against Biontech and Pfizer in the Düsseldorf Regional Court. The court ruled that the two companies used technologies for their COVID-19 vaccines that are protected by Moderna patents.
The Patent Chamber required Biontech and Pfizer to disclose the extent of the patent's use as well as the profits achieved. In addition, they must pay Moderna "appropriate compensation" and are liable for damages. The amount of the claims is still unclear.
At the core of the dispute is mRNA technology, which was used for both Moderna's vaccine and the competing product Comirnaty from Biontech and Pfizer. According to Moderna, the company developed the patented processes as early as between 2010 and 2016.
Biontech and Pfizer did not deny using the patents, but argued that they were allowed to do so until May 5, 2023. Moderna publicly announced at the start of the pandemic in 2020 that it would not enforce patent rights to support global vaccine supply. Only with the end of the pandemic, declared by the World Health Organization (WHO) on May 5, 2023, did this permission cease.
The court did not follow this reasoning. It determined that Moderna had already revoked the permission to use it on March 7, 2022, which meant that Biontech and Pfizer had unlawfully relied on the patent.
The judgment is not yet final. An appeal to the Higher Regional Court of Düsseldorf is possible.
Both companies are among the pioneers of mRNA technology, which brought them billions in profits. The outcome of the legal dispute could have significant financial consequences and influence the dynamics in the market for innovative vaccines in the long term.






