Federal judge pauses Covid-19 patent lawsuit trial against Pfizer, BioNTech

A federal judge has ruled that Moderna’s lawsuit against Pfizer and BioNTech will be put on hold, while the US Patent and Trademark Office reviews petitions brought against two of the three Covid-19 vaccine-related patents that Moderna feels have been infringed.

In a ruling published Friday, a Massachusetts federal judge said delaying the lawsuit until the Patent Trial and Appeal Board makes its decision would “simplify the issues in this case.”

Pfizer and BioNTech argued in two separate petitions for inter partes review filed with the Patent Trial and Appeal Board in August 2023, saying Moderna is attempting to “co-opt an entire field of mRNA technology” and that Moderna’s patents are invalid.

Moderna first brought a lawsuit against Pfizer and BioNTech in August 2022 seeking monetary damages, alleging that their vaccine Comirnaty copied Moderna’s technology, which was patented before the pandemic when Moderna was developing an mRNA…
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