Pharmaceutical giants Pfizer and BioNTech have recently initiated a challenge to two of the three COVID-19 vaccine patents held by Moderna. Recorded at the Patent Trial and Appeal Board, the pair claim that the patents held by Moderna possess ‘unimaginably broad’ claims which they believe to be invalid due to obvious and expected properties of the patents in question.
This is the latest development in a series of legal moves in the field of COVID-19 vaccine patents, with Pfizer and BioNTech on the one side and Moderna on the other. The cases revolve around the purported breadth of Moderna’s patents and their alleged infringement by Pfizer and BioNTech.
According to a report by Law360, the companies have pointed to these ‘unimaginably broad’ claims as the basis for their claim of invalidity. They argue that the principles behind these patents were anticipated and thus lack the originality required for valid patent protection.
The legal challenge is currently under the purview of the Patent Trial and Appeal Board. The outcome of this case could have significant implications not just for Pfizer, BioNTech, and Moderna, but for the entire pharmaceutical industry as it continues to respond to the ongoing COVID-19 pandemic.