As we previously discussed, beginning in 2022, a series of patent infringement lawsuits were filed against Moderna and collaborators Pfizer+BioNTech seeking damages based on their respective sales of the Spikevax® and Comirnaty® COVID-19 vaccines. Key suits were filed by third party mRNA and lipid pioneers that, while not having any mRNA-based products on the market themselves, leveraged their patent portfolios claiming a share of the billions of dollars in sales the vaccines have generated. Direct competitors Moderna and Pfizer+BioNTech also clashed in patent litigation beginning in 2022, with cases initiated in the United States and later expanding abroad.
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