Bayer wins key legal step in mRNA patent dispute against Pfizer and Moderna

A federal judge in Delaware has denied requests from Pfizer, BioNTech, and Moderna to dismiss patent infringement lawsuits filed by Bayer’s subsidiary, Monsanto. The ruling by U.S. Circuit Judge William Bryson means the litigation will proceed through the federal court system.

Bayer alleges that the vaccine manufacturers utilized proprietary mRNA technology, originally developed by Monsanto in the 1980s to stabilize genetic material in crops, to enhance the stability of the mRNA components in their COVID-19 vaccines without authorization.

In their defense, the pharmaceutical companies argued that their manufacturing processes are distinct from the technology protected by the patent. Moderna further asserted that the patent in question attempts to claim a ‘law of nature,’ which is ineligible for patent protection under U.S. law. However, the judge ruled that the defendants had not sufficiently proven the patent's invalidity or non-infringement at this preliminary stage.