GSK and Moderna settle vaccine patent dispute across U.S. and Europe
The agreement closes a cross-border patent fight over mRNA vaccine technology that had added to a broader web of litigation in the sector. The settlement covers Moderna's COVID-19 shots Spikevax and mNEXSPIKE and RSV vaccine mResvia, and includes cross-licenses without any payment obligations.
Highlights
- Moderna and GSK settled U.S. and European patent litigation on Oct. 28, exchanging cross-licenses for infectious disease patents with no payment obligations.
- The companies jointly requested the Delaware federal court dismiss GSK's U.S. infringement claims with prejudice, preventing future re-litigation of the same claims.
- GSK's separate patent case against Pfizer and BioNTech over COVID-19 vaccine technology remains ongoing amid continuing litigation involving Pfizer, BioNTech, and Moderna.
Settlement terms and court action
As reported by Reuters, citing Moderna in a Friday press release, the company settled GSK's patent litigation in the U.S. and Europe on Oct. 28. Moderna said the companies granted patent cross-licenses in the field of infectious disease and are not obligated to make payments of any kind in connection with those licenses.A GSK spokesperson said the company is pleased to have reached a resolution that provides clarity for both companies and supports continued focus on innovation for patients. The companies also asked a Delaware federal court on Friday to dismiss GSK's U.S. infringement claims with prejudice, meaning the claims cannot be brought again.
Broader implications for vaccine patent litigation
GSK sued Moderna in 2024 over lipid nanoparticle technology used in the vaccines to deliver fragile messenger RNA, or mRNA, into the human body. The case had been part of a wider legal contest over intellectual property tied to COVID-19 vaccine platforms.GSK also filed a similar lawsuit against Pfizer and BioNTech over their COVID-19 vaccine earlier that year, and that case is still ongoing. The dispute sits within a broader network of U.S. court battles involving Pfizer, BioNTech and Moderna over patent royalties for COVID vaccine technology, including a case Moderna brought against Pfizer in 2022.
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