Moderna (MRNA) Faces Patent Lawsuit Over COVID-19 Vaccine Technology

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Oct 17, 2024
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Northwestern University has filed a patent lawsuit against Moderna (MRNA, Financial) in a federal court in Delaware. The lawsuit accuses Moderna of improperly utilizing Northwestern's lipid nanoparticle (LNP) technology to develop its COVID-19 vaccine, Spikevax. This technology is crucial for transporting fragile mRNA into the human body. A spokesperson for Moderna announced that the company is aware of the lawsuit and plans to defend itself against the allegations. Northwestern University has yet to comment on the matter.

This case is part of a broader set of U.S. legal disputes concerning patent royalties on technology used in COVID-19 vaccines, involving major pharmaceutical companies such as Pfizer (PFE), BioNTech (BNTX), and Moderna. Notably, in 2022, Moderna sued Pfizer over similar issues. Recently, GlaxoSmithKline (GSK) also filed a lawsuit against Moderna in the same Delaware court, accusing it of misusing LNP technology in both COVID-19 and RSV vaccines.

Northwestern University claims its researchers were pioneers in utilizing LNP to deliver mRNA into human cells as early as 2009 and 2010. The university alleges that Moderna's Spikevax employs LNP technology that mirrors their patented method, suggesting that Moderna's rapid vaccine development was impossible without leveraging the breakthroughs by researchers like those at Northwestern.

The university is seeking unspecified monetary compensation, including royalties, for the alleged infringement. Spikevax generated $6.7 billion in revenue for Moderna last year.

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I/We may personally own shares in some of the companies mentioned above. However, those positions are not material to either the company or to my/our portfolios.