WASHINGTON, Aug 27, 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 alleged.

Pfizer and BioNTech said they were aware of the litigation, and each issued
statements denying any wrongdoing.

"BioNTech's work is original, and we will vigorously defend against all
allegations of patent infringement," the firm said, adding it "respects valid
and enforceable intellectual property rights of others."

Pfizer pledged to "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 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 corona viruses 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.

"It is an unfortunate but rather regular occurrence that other companies make
allegations that a successful product potentially infringes their
intellectual property rights," BioNTech said in a statement.