Moderna sues BioNTech/Pfizer?

Moderna vs. BioNTech

• Just because a patent has been filed, successfully prosecuted, and issued by the US Patent and Trademark Office (PTO) does not mean that the patent holder has the right to practice that patent.
• The US PTO does not determine whether the inventor (or licensee) has "freedom to practice".
• In the case of the very many mRNA vaccine-related patents which have yet to expire, none have been granted broad claims to the core technology and idea of mRNA being used for vaccines.

Getting back to today’s Moderna lawsuit

• Moderna is asserting that it has patent rights relating to both broad fundamental composition of the mRNA as a (modified) chemical structure, and to the use of any full length coronavirus spike protein in a lipid nanoparticle formulation for a virus.
• Pfizer and BioNTech Infringe Moderna's Patents
• When COVID-19 emerged, neither Moderna nor Pfizer had the level of experience with developing mRNA vaccines for infectious diseases, and they knowingly followed their lead in developing their own vaccine.

Delivery and formulation of engineered nucleic acids

• ModernaTX, Inc.
• Made no claims concerning applications or field of use, only the composition of matter
• Claims the use of pseudouridine
• This patent is a derivative of prior submissions, so it has a filing priority date of Mar. 31, 2011
• It acknowledges the prior work of Kariko which predates the submission priority date for this patent

Betacoronavirus mRNA vaccine

• ModernaTX, Inc. filed a patent for a respiratory virus ribonucleic acid (RNA) vaccines and combination vaccines, as well as methods of using the vaccines and compositions comprising the vaccines.
• The term “respiratory virus RNA vaccines” encompasses hMPV RNA vaccines, PIV, RSV, MEV, BetaCoV, and any combination of two or more of the foregoing viruses, comprising both cellular and humoral immunity, without risking the possibility of insertional mutagenesis.

Betacoronavirus mRNA vaccine

• May 21, 2020
• ModernaTX, Inc. made a disclosure related to respiratory virus ribonucleic acid (RNA) vaccines and combination vaccines, as well as methods of using the vaccines and compositions comprising the vaccines.
• RNA (e.g., mRNA) vaccines of the present disclosure may be used to induce a balanced immune response against hMPV, PIV, RSV, MeV, and/or BetaCoV without risking the possibility of insertional mutagenesis.

All three of these patents can be readily invalidated due to the failure to cite relevant prior art.

• The work that I did and relevant patents that I am a co-author on are now in the public domain. They belong to everyone, not just Moderna or CureVac or BioNTech.
• And this may explain part of why there has been such an effort to write me out of history.

The COVID-19 vaccine patent race

• Dr. Glasspool-Malone contacted Nature Biotechnology about a month ago and complained that the figure above does not mention the 9 issued patents that demonstrate proof or principle experiments demonstrating that mRNA vaccines had already been conducted.
• The figure above has been changed to include those patents/experiments.

https://rwmalonemd.substack.com/p/moderna-sues-biontechpfizer?utm_source=substack&utm_medium=email