Pfizer, BioNTech Lose Appeal in COVID–19 Vaccine Patent Battle With Moderna

The London Court of Appeal upheld an earlier court decision in the long–running battle between the global pharma firms.

Spencer Platt / Getty Images via AFP

The London Court of Appeal upheld an earlier court decision in the long–running battle between the global pharma firms.

U.S. pharmaceutical giant Pfizer and German firm BioNTech lost a court appeal on Friday, August 1st, in the latest step of a multi-million-pound battle against U.S. rival Moderna over the COVID–19 vaccine.

The UK Court of Appeal found that one of the European patents held by Moderna was invalid, but that a second one had been infringed by Pfizer and its partner BioNTech.

“The judge made no error of law or principle” in the ruling handed down in July 2024, the Appeal Court judges wrote on Friday, dismissing the appeal brought by the two companies.

Pfizer quickly said it would appeal Friday’s ruling to Britain’s Supreme Court. “Today’s UK Court of Appeal’s decision does not change our unwavering stance that this patent is invalid,” Pfizer said in a statement. “This decision has no immediate impact on Pfizer and BioNTech.”

Pfizer and BioNTech had argued that both patents cited by Moderna were invalid, and neither had been infringed.

Moderna said in a statement that it was pleased with Friday’s ruling and would “continue to pursue and enforce its patent rights globally to protect its innovative mRNA technology.”

Lukács Fux is currently a law student at Pázmány Péter Catholic University in Budapest. He served as an intern during the Hungarian Council Presidency and completed a separate internship in the European Parliament.