Sanofi sues Pfizer, Moderna over COVID vaccine patents

Sanofi ↘ 1.52% has filed federal lawsuits against both Moderna ↘ 2.36% and Pfizer ↘ 0.40%, alleging their COVID-19 vaccines infringe the French drugmaker's patents covering mRNA technology, according to Reuters.reuters

The suits, filed through Sanofi's subsidiary Translate Bio in New Jersey federal court, target as many as 10 mRNA delivery patents and seek royalties tied to the billions of dollars the two companies have earned from their COVID-19 shots. Translate Bio, which Sanofi acquired for $3.2 billion in 2021, had been developing mRNA therapeutics and building a patent portfolio related to the technology for years before the pandemic.news.bloomberglaw+2

A Crowded Patent Battlefield

The lawsuits add Sanofi to an already congested landscape of mRNA patent disputes. Moderna itself sued Pfizer and BioNTech ↗ 0.54% in 2022 over alleged infringement of its own mRNA patents, a case that remains ongoing. Earlier this year, BioNTech filed its own suit against Moderna over a next-generation COVID vaccine called mNEXSPIKE. In January, Bayer also filed separate suits against Moderna, Johnson & Johnson, and Pfizer/BioNTech over COVID vaccine patents.pharmexec+3

Moderna recently agreed to pay up to $2.25 billion to settle a patent dispute with Arbutus Biopharma ↘ 2.72% and Genevant Sciences over lipid nanoparticle technology used in its mRNA vaccines, with an initial $950 million payment due this month.biopharmadive

What's at Stake

The Sanofi case also targets Moderna's RSV vaccine in addition to its COVID shot, according to Bloomberg Law. The filings were entered in court records on Monday.law360+2

The proliferation of patent claims reflects the enormous commercial value of mRNA technology, which generated tens of billions of dollars in revenue for Moderna and Pfizer during the pandemic. As vaccine sales have declined from their peak, the legal battles over who owns the underlying science have only intensified — with companies now fighting over shrinking but still substantial royalty streams.