CategoryThe UK Court of Appeal has upheld a ruling that Moderna’s EP’949 patent, covering modified mRNA technology used in its COVID-19 vaccine, is valid and infringed by Pfizer and BioNTech’s Comirnaty vaccine.
This outcome follows an initial decision in July 2024 by the UK High Court, which found that while Moderna’s EP’565 patent was invalid, the EP’949 patent was both valid and had been infringed. EP’949 relates to a specific modification made to mRNA, where uracil bases are replaced with N1-methyl-pseudouridine, a version of the base designed to stabilize the molecule and enhance immune response.
The dispute dates back to August 2022, when Moderna filed patent infringement lawsuits against Pfizer and BioNTech in multiple jurisdictions, including the United States, Germany, the Netherlands, Belgium, Ireland, and the UK. The company claimed entitlement to damages for sales starting from March 2022. In September 2022, Pfizer responded in UK courts, seeking revocation of the EP’949 patent and alleging that its own patents had been infringed.
In March 2022, Moderna revised an earlier pledge from October 2020, in which it had said it would not enforce its COVID-19–related patents. The revised statement indicated that Moderna would begin enforcing its patents globally, excluding 92 low- and middle-income countries.
Following the July 2024 ruling, Pfizer and BioNTech were granted permission to appeal the decision upholding the EP’949 patent. In their appeal, filed earlier this month, the companies argued that Moderna’s developments were obvious extensions of prior work, and that the patent should be invalidated. The appeal was rejected by Judge Richard Arnold.
During Moderna’s second-quarter earnings call, the company confirmed the court’s decision. Stéphane Bancel, Moderna’s CEO, stated, “The court has decided to affirm the High Court finding that Moderna’s EP’949 patent is valid and infringed by Pfizer and BioNTech. Moderna will continue to pursue and enforce its patent rights globally to protect its competitive mRNA technology.”
Pfizer and BioNTech released a joint statement in response to the ruling, asserting that it “does not change our unwavering stance that this patent is invalid,” and indicating plans to seek a further appeal. They added that the decision has no immediate impact on the companies or on the Comirnaty vaccine.
This ruling is one part of a broader set of legal proceedings between the companies in multiple countries. In March 2025, the Düsseldorf Regional Court ruled in Moderna’s favor and awarded damages. In contrast, the United States Patent Trial and Appeal Board ruled that three other Moderna patents related to mRNA technology were invalid on the basis that they attempted to patent what were described as “obvious” developments.
Moderna initially disclosed the UK appellate ruling in a press release issued on Friday morning and reiterated the outcome during its quarterly earnings call held a few hours later. The company has not issued additional comments since then.
This comes at a time when companies like Moderna are reassessing international expansion, as seen in their recent decision to halt mRNA plant development in Japan due to changing market dynamics. (Source)
