Pfizer, Moderna lose bids to escape Bayer US mRNA patent lawsuit

By Reuters News

By Blake Brittain

Sept 28 (Reuters) - A federal judge in Delaware on Monday rejected Pfizer PFE.N, BioNTech 22UAy.DE and Moderna's MRNA.O requests to dismiss patent lawsuits filed against them by Bayer's BAYGn.DE Monsanto unit over the messenger RNA technology used in their COVID-19 vaccines.

  • US Circuit Judge William Bryson, sitting at the court by designation, said that the vaccine makers failed to show at an early stage of the case that the patent at issue was invalid or not infringed by their shots

  • Spokespeople for the companies did not immediately respond to requests for comment on the decision

  • Bayer sued the companies in January for allegedly copying technology developed by Monsanto in the 1980s for strengthening mRNA in crops and using it to stabilize the genetic material in their vaccines

  • The vaccine makers argued that their manufacturing processes worked differently than Bayer's technology

  • Moderna also argued that the patent covered an unpatentable "law of nature"

  • Bayer has also filed a separate lawsuit against Johnson & Johnson JNJ.N over the patent in New Jersey. The case is ongoing.

The cases are Bayer CropScience LLC v. Moderna Inc, US District Court for the District of Delaware, No. 1:26-cv-00012 and Bayer CropScience LLC v. Pfizer Inc, US District Court for the District of Delaware, No. 1:26-cv-00013

For Bayer: Michael Wilson of Munck Wilson Mandala

For Moderna: Daryl Wiesen of Goodwin Procter

For Pfizer: Sara Horton of Willkie Farr & Gallagher

For BioNTech: Martina Hufnal of Fish & Richardson

Read more:

Bayer sues COVID vaccine makers over mRNA technology

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