GSK sues Moderna over mRNA vaccine technology
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Illustration: Gabriella Turrisi/Axios
GlaxoSmithKline is suing Moderna for allegedly using technology patented by GSK in its COVID-19 vaccine.
Why it matters: It's the latest in a series of legal fights over who owns the intellectual property behind mRNA technology and whether some companies are entitled to royalties on future sales.
Where it stands: GSK filed a lawsuit Tuesday in a United States federal court in Delaware claiming that it holds the patents for technology that "provided the foundation" for Moderna's mRNA vaccines for COVID-19 and RSV, Reuters reported.
- The suit surrounds lipid nanoparticles used for transporting the mRNA that GSK claims infringe on its patents.
- GSK asked the court for an unspecified amount of monetary damages, and that it be paid an ongoing licensing fee for the use of its patented technologies.
- Moderna is aware of the lawsuit and will defend itself against the claims, a spokesperson told Axios.
Zoom out: GSK filed a similar lawsuit against Pfizer and BioNTech in April.
- Moderna filed its own patent infringement challenge against Pfizer in the United States and several other countries in 2022.
- Pfizer and BioNTech last year asked the United States Patent and Trademark Office to overturn Moderna's existing patents on COVID-19 vaccine technology components.
- A judge in April paused Moderna's lawsuit against Pfizer until federal officials make their determination. Meanwhile, the European Patent Office upheld one of Moderna's key patents in May.
The bottom line: Scientists and pharmaceutical companies are working on other mRNA vaccines to tackle illnesses ranging from RSV to cancer. Decisions about who owns and can ultimately profit from the advancements will ripple far beyond COVID-19.
