Pfizer is being dragged into courts across Europe and the United States. On Wednesday, London’s High Court ruled in favor of Moderna in that Pfizer violated Moderna’s intellectual property rights.
KAREN KINGSTON
September 26, 2024: In a lawsuit against Pfizer over two Moderna patents for the COVID-19 mRNA injections, REUTERS reported that London’s High Court ruled that while of one of Moderna’s patents was invalid, Pfizer did, in fact, infringe upon another Moderna mRNA patent that was valid.
The court ruled that Moderna is entitled to royalties on COMIRNATY sales after March of 2022 and that Pfizer has the right to appeal this ruling.
How Much Could Pfizer Owe Moderna? (Hypothetical Scenario)
Per their annual reports, in 2022 Pfizer reported $37.8 billion in COMIRNATY sales, $11.2 billion in 2023, and according to FiercePharma, Pfizer is forecasting $5 billion in COMIRNATY sales in 2024.
For the sake of ‘entertainment’ at a hypothetical 12% royalty fee, Pfizer could owe Moderna as much as $6 billion.
In unrelated news, in February of 2023, Moderna was ordered by a US court to make $400 million in subsidiary payments to scientists at the NIH, Dartmouth, and Scripps La Jolla for the invention of spike protein.
Pfizer is Being Sued Around the Globe
REUTERS goes on to report that, “The London lawsuits are just one leg of a global battle between Pfizer, BioNTech and Moderna, which have also been involved in proceedings in Germany, the Netherlands, Belgiumand the United States, as well as at the European Patent Office.”
The US Government Asserted that Pfizer’s COVID-19 mRNA Injections Were an Original Invention per the US Government Contract.
It will be interesting to see how the courts rule in the US cases regarding Pfizer’s infringement on Moderna’s patents considering that the US government asserted in their contract with Pfizer that Pfizer’s COVID-19 mRNA injections were an original invention of Pfizer’s and a trade secret.
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