Moderna filed lawsuits against BioNTech and their Pfizer partner/licensee claiming infringement on issued Moderna patents which, despite the eight previously issued Vical patents which cover mRNA and DNA vaccines, claim inventorship of the idea and reduction to practice of mRNA vaccines.
Pfizer is now claiming that the Moderna patents, which Moderna sought to weaponize against Pfizer/BioNTech, are invalid because the technology and invention of using mRNA for vaccination purposes was first disclosed and reduced to practice in 1990.
Pfizer and its German partner told the U.S. Patent Office's Patent Trial and Appeal Board that the two Moderna patents are "Unimaginably broad" and cover a "Basic idea that was known long before" their invention date of 2015.
Pfizer and BioNTech have separately challenged the two patents and a third related Moderna patent in court in an ongoing Massachusetts federal lawsuit that Moderna filed against them last year.
Just because a patent has been filed, successfully prosecuted, and issued by the US Patent and Trademark Office, that does not mean that the patent holder has the right to practice that patent.
Now Moderna has decided that the time is right to seek damages from BioNTech and Pfizer for patent infringement on a few of its many patents.
Moving on to the third patent which Moderna asserts BioNTech has infringed: US Patent #10,933,127 Betacoronavirus mRNA vaccine.
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