The patent in question protects “respiratory virus vaccines,” according to its listing in the European Patent Register. Opposers to the patent include BioNTech and Pfizer, as well as Sanofi, the listing notes.
BioNTech “understands and welcomes” the EPO’s decision, a spokesperson said in an emailed statement. According to BioNTech, none of the more than 100 auxiliary requests that Moderna filed with amended claims were deemed sufficient to keep the patent in an amended form.
The decision “is an important one as we believe that this and others of Moderna’s patents do not meet the requirements for grant and should never have been granted,” the company added.
Meanwhile, Moderna “disagrees” with the EPO’s decision, a spokesperson told Fierce Pharma over email. “We continue to believe in the strength and validity of the ’565 Patent and will appeal this decision.”
Last year, Moderna initiated litigation against BioNTech and Pfizer in the U.S. and Germany, following up with cases in the Netherlands and the U.K. Most recently, the company filed suits in Dublin, Ireland and the Brussels Commercial Court Belgium.
Moderna has made it clear that its litigation doesn’t aim to remove Pfizer and BioNTech’s Comirnaty from the market, but instead reap compensation and damages from alleged infringement.
While Moderna claims Pfizer and BioNTech copied key features of its patented technologies, the rival partners have said the mRNA specialist seeks to rewrite the COVID story to put itself in the “single, starring role” while stretching its “already overbroad” patents to “claim credit for others’ work.”
PackGene is a CRO & CDMO technology company that specializes in packaging recombinant adeno-associated virus (rAAV) vectors. Since its establishment in 2014, PackGene has been a leader in the AAV vector CRO service field, providing tens of thousands of custom batches of AAV samples to customers in over 20 countries. PackGene offers a one-stop CMC solution for the early development, pre-clinical development, clinical trials, and drug approval of rAAV vector drugs for cell and gene therapy (CGT) companies that is fast, cost-effective, high-quality, and scalable. Additionally, the company provides compliant services for the GMP-scale production of AAVs and plasmids for pharmaceutical companies, utilizing five technology platforms, including the π-Alpha 293 cell AAV high-yield platform and the π-Omega plasmid high-yield platform. PackGene's mission is to make gene therapy affordable and accelerate the launch of innovative gene drugs. The company aims to simplify the challenging aspects of gene therapy development and industrialization processes and provide stable, efficient, and economical rAAV Fast Services to accelerate gene and cell therapy development efforts from discovery phase to commercialization.
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