Moderna is suing rival vaccine makers Pfizer and BioNTech, alleging the partners infringed on its patents in developing their shot for Covid-19.
"Moderna believes that Pfizer and BioNTech's Covid-19 vaccine Comirnaty infringes patents Moderna filed between 2010 and 2016 covering Moderna's foundational mRNA technology," it said in a statement.
The patent infringement lawsuits against Pfizer and BioNTech were filed in the United States District Court for the District of Massachusetts and the Regional Court of Düsseldorf in Germany.
"We are filing these lawsuits to protect the innovative mRNA technology platform that we pioneered, invested billions of dollars in creating, and patented during the decade preceding the Covid-19 pandemic," said Moderna Chief Executive Officer Stéphane Bancel.
"This foundational platform, which we began building in 2010, along with our patented work on coronaviruses in 2015 and 2016, enabled us to produce a safe and highly effective Covid-19 vaccine in record time after the pandemic struck," Mr Bancel said.
The company said it pledged not to enforce its Covid-19 related patents while the pandemic continued in October 2020.
In March 2022, Moderna updated its pledge and said it made clear that while it would never enforce its patents for any Covid-19 vaccine used in the 92 low- and middle-income countries in the GAVI COVAX Advance Market Commitment.
In its statement, Moderna said it expected companies such as Pfizer and BioNTech to respect its intellectual property rights and would consider a commercially reasonable license should they request one for other markets.
It accused Pfizer and BioNTech of failing to do so.
It expects Pfizer and BioNTech to compensate the company for use of patented technologies in the Comirnaty vaccine.
Moderna said it is not seeking to remove Comirnaty from the market and is not asking for an injunction to prevent its future sale.
In addition, Moderna is not seeking damages related to Pfizer's sales to AMC 92 countries and is not seeking damages for Pfizer's sales where the US Government would be responsible for any damages.
The company is also not seeking damages for activities occurring before March 8, 2022.
"As we work to combat health challenges moving forward, Moderna is using our mRNA technology platform to develop medicines that could treat and prevent infectious diseases like influenza and HIV, as well as autoimmune and cardiovascular diseases and rare forms of cancer," Mr Bancel added.
