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

Published by Uma Rajagopal

Posted on October 16, 2024

2 min read

· Last updated: January 29, 2026

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GSK logo and Moderna logo representing patent lawsuit over COVID and RSV vaccines - Global Banking & Finance Review
An image symbolizing the legal battle between GSK and Moderna over patent infringement related to COVID-19 and RSV vaccines. This lawsuit highlights the ongoing patent disputes in the pharmaceutical industry.
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By Blake Brittain (Reuters) -British drugmaker GlaxoSmithKline sued Moderna 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 […]

By Blake Brittain

(Reuters) -British drugmaker GlaxoSmithKline sued Moderna 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 and BioNTech 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’ vaccine business in 2015.

(Reporting by Blake BrittainEditing by David Bario, Will Dunham and Bill Berkrot)

Frequently Asked Questions

What is a patent?
A patent is a legal right granted to an inventor or assignee for a certain period, giving them exclusive rights to make, use, or sell an invention.
What is messenger RNA (mRNA)?
Messenger RNA (mRNA) is a type of RNA that conveys genetic information from DNA to the ribosome, where proteins are synthesized.
What are lipid nanoparticles?
Lipid nanoparticles are tiny particles made of lipids that can encapsulate drugs or genetic material, facilitating their delivery into cells.
What is the significance of licensing patents?
Licensing patents allows the patent holder to grant permission to others to use their invention, often in exchange for royalties or fees.

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