Pfizer, Moderna lose bids to dismiss Bayer mRNA patent lawsuit
US judge in Delaware rejected the companies' requests to dismiss Bayer's Monsanto unit patent claims over mRNA technology used in COVID-19 vaccines.
By Blake Brittain Sept 28 (Reuters) — A federal judge in Delaware on Monday rejected Pfizer, BioNTech and Moderna's requests to dismiss patent lawsuits filed against them by Bayer's Monsanto unit over the messenger RNA technology used in their COVID-19 vaccines.
US Circuit Judge William Bryson, sitting at the court by designation, said that the vaccine makers failed to show at an early stage of the case that the patent at issue was invalid or not infringed by their shots Spokespeople for the companies did not immediately respond to requests for comment on the decision Bayer sued the companies in January for allegedly copying technology developed by Monsanto in the 1980s for strengthening mRNA in crops and using it to stabilize the genetic material in their vaccines The vaccine makers argued that their manufacturing processes worked differently than Bayer's technology Moderna also argued that the patent covered an unpatentable "law of nature" Bayer has also filed a separate lawsuit against Johnson & Johnson over the patent in New Jersey.
The case is ongoing. The cases are Bayer CropScience LLC v. Moderna Inc, US District Court for the District of Delaware, No. 1:26-cv-00012 and Bayer CropScience LLC v.
Pfizer Inc, US District Court for the District of Delaware, No. com; +1 (202) 938-5713)