GSK Sues Moderna Alleging mRNA Vaccine Patent Infringement

Benzinga · 10/15 18:35

GSK Plc (NYSE:GSK) has filed a lawsuit against Moderna, Inc. (NASDAQ:MRNA) and its affiliates, alleging that Moderna’s mRNA vaccines infringe on patents developed by GSK.

According to GSK, the technology used in Moderna’s vaccines, including its Spikevax family of vaccines, is based on a platform created by the team led by vaccinologist Christian Mandl.

GSK claims Moderna has profited billions from using this technology without proper acknowledgment or licensing.

GSK asserts that its scientists, including Christian Mandl, Andrew Geall, and others, pioneered mRNA vaccine technology more than a decade before the COVID-19 pandemic.

These scientists developed formulations combining lipids and mRNA molecules to create vaccines that trigger immune responses against viral infections. The GSK team filed patents related to these inventions in 2010, laying the groundwork for modern mRNA vaccine development.

The groundbreaking aspect of GSK’s invention lies in the flexibility and speed of its platform, which allows for the quick development of vaccines for various viral pathogens.

Notably, GSK points to the rapid creation of an mRNA vaccine candidate during the 2013 influenza outbreak in China, setting a record for vaccine development time. The scientific journal Nature highlighted the platform’s versatility and speed, which noted that many mRNA companies now utilize variations of the Mandl team’s technology.

Despite the significance of these advancements, GSK argues that Moderna has never acknowledged its reliance on GSK’s patented platform. Instead, Moderna has focused on promoting the speed and efficiency of its mRNA vaccines, such as Spikevax, which have been modified to address different strains of the SARS-CoV-2 virus. GSK now seeks to recover royalties for what it claims are unauthorized sales of vaccines that infringe on its intellectual property.

The lawsuit emphasizes that Moderna has benefited financially from GSK’s patented technology without securing the necessary licenses. GSK aims to secure compensation for Moderna’s use of its innovative mRNA vaccine platform.

Earlier this year, in Delaware federal court, GSK sued Pfizer Inc. (NYSE:PFE) and BioNTech SE (NASDAQ:BNTX), alleging patent infringement concerning the mRNA technology used in the COVID-19 vaccines.

Price Action: GSK stock is down 0.40% at $38.98, and MRNA stock is down 0.69% at $57.33 at the last check Tuesday.