Bayer Sues Johnson & Johnson, Pfizer/BioNTech, and Moderna Over Alleged mRNA Vaccine Patent Infringement

According to foreign media reports, Bayer has filed lawsuits against Moderna, Johnson & Johnson, and Pfizer/BioNTech over COVID-19 vaccine technology. Bayer has brought legal action against the three manufacturers of COVID-19 vaccines, claiming they infringed on intellectual property developed by Monsanto, a crop science company acquired by Bayer a decade ago.

Screenshot source: Fierce Pharma official website

The instability of mRNA is a core issue that COVID-19 vaccine manufacturers faced during vaccine development.Bayer claims in the lawsuit that the defendants used its technology when developing the vaccine to eliminate "problematic" coding sequences in cellular building blocks, thereby enhancing the stability of mRNA as well as the yield or quality of proteins.

According to court documents, Monsanto applied for protection of its intellectual property in 1989, and the U.S. Patent and Trademark Office eventually granted the patent in 2010. Bayer acquired Monsanto in 2016 for $66 billion. The lawsuit explains that Monsanto initially used this technology to enhance the expression of insect-resistant proteins in crops, thereby reducing the need for pesticide spraying and increasing agricultural yields.

Bayer requests a jury trial and seeks to obtain a portion of vaccine sales revenue as well as future sales royalties.

In fact, Pfizer, BioNTech, and Moderna have previously been involved in lawsuits filed by multiple other companies over mRNA technology infringement. Five months ago, GSK reached a settlement with Pfizer and BioNTech, securing $320 million in compensation. GSK has also sued Moderna over similar allegations. Meanwhile, Moderna has filed a lawsuit against Pfizer and BioNTech for alleged patent infringement.

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