BioNTech Sues Moderna Over mRNA Vaccine Patent Dispute

BioNTech has filed a lawsuit against Moderna in the United States, alleging patent infringement related to its mRNA vaccine technology. The German company claims Moderna’s new COVID-19 vaccine, mNEXSPIKE, violates intellectual property rights used in the Comirnaty vaccine, developed in partnership with Pfizer.

According to the lawsuit, filed in Delaware federal court, Moderna’s vaccine infringes on patents covering an optimized mRNA vaccine design that allows for lower dosages in patients. BioNTech alleges that this technology is central to the success of Comirnaty. A Moderna spokesperson stated the company intends to defend itself against the claims, according to Reuters. BioNTech has not yet issued a public statement.

The legal action is the latest development in a broader dispute over patents related to COVID-19 vaccines. Moderna initiated a lawsuit against BioNTech and Pfizer in 2022, alleging that Comirnaty infringed on Moderna’s patents. That case remains ongoing. In January, Bayer as well filed a lawsuit against Pfizer, BioNTech, and Moderna, claiming patent infringement.

The U.S. Food and Drug Administration approved Moderna’s next-generation vaccine in 2025.