WASHINGTON, Aug 26, 2022 (BSS/AFP) - Moderna said Friday it is suing rival 
vaccine makers Pfizer and BioNTech, alleging the partners infringed on its 
patents in developing their Covid-19 shot administered to hundreds of 
millions around the world.

The lawsuits set up a high-stakes showdown between the leading manufacturers 
of Covid-19 shots that are a key tool in the fight against the disease.

"Moderna believes that Pfizer and BioNTech's Covid-19 vaccine Comirnaty 
infringes patents Moderna filed between 2010 and 2016 covering Moderna's 
foundational mRNA technology," the US-based biotech firm said in a statement.

"Pfizer and BioNTech copied this technology, without Moderna's permission, to 
make Comirnaty," Moderna said.

Pfizer and BioNTech said they have not fully reviewed the complaint, but 
expressed surprise over the litigation.

"The Pfizer/BioNTech Covid-19 vaccine was based on BioNTech's proprietary 
mRNA technology," a statement said. "We will vigorously defend against the 
allegations of the lawsuit."

The mRNA technology used in the Moderna and Pfizer-BioNTech shots differs 
from that in traditional vaccines, which rely on injecting weakened or dead 
forms of a virus to allow the immune system to recognize it and build 
antibodies.

Instead, mRNA vaccines deliver instructions to cells to build a harmless 
piece of the spike protein found on the surface of the virus that causes 
Covid-19.

After creating this spike protein, cells can recognize and fight the real 
virus, hailed as a major advancement in development of vaccines.

- Key tool against deadly pandemic -

The shots have repeatedly been the subject of inaccurate claims that they are 
dangerous, but health authorities say they are both safe and effective.

The lawsuits -- in US district court in Massachusetts, and in regional court 
in Dusseldorf, Germany -- are not seeking the removal of the rival vaccine or 
an injunction on future sales.

Moderna said it had begun building up the technology in 2010 and patented 
work on coronaviruses in 2015 and 2016, which allowed for rollout of its 
shots in "record time" after the pandemic struck.

The virus has killed at least 6.48 million people worldwide since 2020 and 
made nearly 600 million ill, according to a Johns Hopkins University tracker.

In addition to death and suffering, the disease has led to a re-shaping of 
life ranging from a change in norms on working from home to a scrambling of 
supply chains and workforces.

Moderna said it pledged in October 2020 not to enforce its Covid-19-related 
patents while the pandemic continued, but less than two years later changed 
that stance as the fight shifted gears.

"Moderna expected companies such as Pfizer and BioNTech to respect its 
intellectual property rights and would consider a commercially reasonable 
license should they request one for other markets," it said.

"Pfizer and BioNTech have failed to do so," the firm added.

These types of lawsuits are not unheard of in the pharmaceutical industry, 
where patents can be worth billions of dollars, and can take years to 
resolve.