PFIZER & MODERNA STILL SPARRING OVER COVID VACCINE PATENTS
More than two years after the global COVID pandemic was declared officially at an end in May 2023, the two corporate heroes of the event are still duking it out in courts around the world over the vaccines that helped bring the world out of lockdowns.
What Is Pfizer & Moderna Fighting About in 2025?
The over-arching dispute between the two sides, Pfizer along with its partner BioNTech (jointly, “Pfizer”) against upstart Moderna, arose in the aftermath of the sensational mRNA vaccine developments that were watched by a locked-down world. While mRNA vaccinations had been theoretically discussed for decades by the time the pandemic struck in 2020, no one had yet developed safe, replicable and reliable delivery methods for these proteins into the human body, despite the fact that Moderna had been a trailblazer in mRNA technology for many years by that time.
In What Jurisdictions Are the Companies in Legal Disputes?
Moderna threw most of the first punches in the “vaccine wars” over patented technology, specifically alleging that Pfizer’s early-2022 version of the COVID vaccine had violated various Moderna patents. Pfizer’s riposte to Moderna’s accusations was that the Moderna patents were invalid because they claimed “obvious” inventions. So far, these battles are being waged in courts in the United States, the United Kingdom, Germany and the Netherlands, among other jurisdictions in which litigation between the parties is currently paused (or “stayed”), pending decisions in the main battleground countries.
It is important to note that while Pfizer and Moderna remain the two main parties in the so-called “vaccine wars,” other (smaller) companies are also involved in patent litigation regarding various aspects of mRNA vaccine technology, some directly opposing one or both Pfizer and Moderna.
Who is Winning the “Vaccine Wars?”
The various lawsuits and court rulings seem to be indicating that this is a classic situation of “there are no winners here.”
The main U.S. litigation between the parties is currently stayed, awaiting final rulings from the USPTO (and subsequent appeals from those decisions) regarding the validity of the Moderna patents at issue. The USPTO’s Patent Trial and Appeals Board (“PTAB”) recently held that two of Moderna’s patents are invalid as obvious. Moderna is appealing the PTAB decision.
It is noteworthy that the USPTO’s counterpart in the European Union, the European Patent Office, recently found the opposite way to the PTAB, holding that Moderna’s corresponding European patents are valid.
Each side has had partial victories in other European courts. In the United Kingdom, one Moderna patent was held invalid in 2024, while the other Moderna patent was upheld as valid this year. Each side is presently appealing those adverse rulings in the British courts.
German courts have also upheld the validity of the Moderna patents, with Pfizer initiating appeals there as well.
Meanwhile, the Dutch courts have invalidated crucial parts of the Moderna patents at issue, causing Moderna to appeal those rulings against it in the Netherlands.
So Where Do the “Vaccine Wars” End?
The issue of “ending” the vaccine patent wars is as complex as the rulings discussed above.
Ultimately, a patent is issued in a specific country (or jurisdiction that affects multiple countries, in the case of the European Union). The patent holder’s rights to the invention described in the patent only apply in the country in which the patent was issued. This is a crucial point to bear in mind when considering where you (the inventor) should seek to file your patent application.
This is also a concept that must be kept in mind when considering any patent litigation. The main take-home point is this: One country’s ruling on the validity of a patent does not bind another country’s courts to rule the same way. For instance, while in American and German courts, decisions of a foreign tribunal regarding the validity of a patent may influence or sway the court’s decision, the ultimate decision of patent validity in the U.S. and Germany rest with these countries’ own judges.
As it tends to go with complex international patent litigation, the “end” of the vaccine wars is impossible to predict. Many times, companies that are engaged in patent litigation across multiple countries will ultimately come to a “universal settlement” once all the dust has settled with the various ongoing lawsuits.
Such was the case with the much-publicized international patent litigation between Apple and Samsung over each company’s smartphone devices, which began in 2011 and was ultimately settled in 2018. Also, as with Apple and Samsung, it is always possible that a subsequent “war” between the parties re-ignites that involves later developments after such a global settlement. As ever, viewers will have to stay tuned to the news to see if such “wars” re-erupt after settlement of the original patent claims.
Need expert advice on patents, trademarks or intellectual property? Sand, Sebolt & Wernow Co., LPA is an IP law firm, handling patents, trademarks, copyrights, IP (intellectual property) litigation licensing, foreign filings and trade secrets. We’re also innovators, just like you. Our staff includes attorneys, patent agents and engineers with experience in electronics, mechanics, software, hardware and robotics. Contact us.