GSK sues Moderna for US patent infringement over COVID, RSV vaccines

By Blake Brittain

(Reuters) -British drugmaker GlaxoSmithKline (NYSE:) sued Moderna (NASDAQ:) in U.S. federal court in Delaware on Tuesday, accusing it of violating GSK patent rights in messenger RNA technology with its blockbuster COVID-19 vaccine Spikevax and RSV shot mResvia.

According to the two lawsuits, Moderna’s lipid nanoparticles for transporting fragile mRNA into the human body infringe several GSK patents covering similar innovations. GSK filed a related lawsuit against Pfizer (NYSE:) and BioNTech (NASDAQ:) in the same court in April over their COVID-19 vaccine. The new litigation seeks unspecified monetary damages.

A spokesperson for Massachusetts-based Moderna said the company was aware of the lawsuits and would defend itself against the claims.

GSK is “willing to license these patents on commercially reasonable terms and to ensure continued patient access,” a company spokesperson said.

The lawsuits add to a web of U.S. court cases involving Pfizer, BioNTech and Moderna over patent royalties for technology used in their COVID vaccines, including one brought by Moderna against Pfizer in 2022.

Moderna earned $6.7 billion in revenue from Spikevax last year. Pfizer made $11.2 billion from sales of Comirnaty, the COVID vaccine it developed with German partner BioNTech. Sales of both vaccines declined significantly last year from 2022.

GSK also sued Pfizer for patent infringement over its RSV shot Abrysvo last year. The U.S. Food and Drug Administration approved Moderna’s RSV vaccine in May.

GSK said in the new cases that its patents cover technology pioneered in 2008 that provides “the foundation for Moderna’s mRNA vaccine portfolio.” GSK said it bought the rights to the inventions when it acquired part of Novartis (SIX:)’ vaccine business in 2015.