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Bayer sues Pfizer, Moderna, J&J and BioNTech over Covid vaccine patents

Bayer alleges its patented mRNA technology, originally for agriculture, was used without permission to develop leading Covid-19 vaccines.

FRANKFURT: German conglomerate Bayer AG is suing major Covid-19 vaccine manufacturers Pfizer, Moderna, Johnson & Johnson and BioNTech for patent infringement.

The company confirmed the lawsuits, filed in US federal courts in Delaware and New Jersey, to AFP on Wednesday.

Bayer alleges the pharmaceutical firms used a patented mRNA stabilisation process originally developed for agricultural purposes by Monsanto in the 1980s.

“This lawsuit alleges the defendants infringed on patented innovations owned by Bayer which increase mRNA stability,” a Bayer spokesman stated.

The spokesman claimed this technology helped solve “one of the biggest challenges they faced during vaccine development”.

The suits target the developers of the leading Western Covid-19 vaccines.

BioNTech partnered with Pfizer to produce the Comirnaty vaccine, the first mRNA-based Covid shot approved in the West.

Moderna’s vaccine also uses mRNA technology, while Johnson & Johnson’s employs a genetically modified cold virus.

Moderna told AFP it was aware of the claims and would defend itself against them.

Pfizer, BioNTech and Johnson & Johnson did not immediately respond to requests for comment.

Bayer is seeking compensation as afforded under US patent law but did not specify a damages amount.

The lawsuits add to numerous legal disputes over mRNA technology used in the pandemic response.

In August, Pfizer and BioNTech settled a separate mRNA dispute with GSK and CureVac for USD 740 million plus royalties.

Bayer noted that many entities have sued alleging their technologies were used in vaccine development. 

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