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2022-03-18| COVID-19

Alnylam Challenges Moderna and Pfizer with Patent Infringement

by Joy Lin
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mRNA COVID-19 vaccines have been a defining force during the pandemic, and have allowed developers Pfizer and Moderna to make eye-popping profits in the span of a few years. Alnylam, an RNA interference (RNAi) drug developer now wants a slice of that pie. The company has filed separate lawsuits in the United States District Court for the District of Delaware against Pfizer and Moderna, citing patent infringement. 

Alnylam contends that the mRNA vaccines developed by Pfizer and Moderna contain its patented biodegradable cationic lipid nanoparticles (LNP) that are used as the delivery vector for the mRNA payload. It is seeking damages for the infringement of US Patent No. 11,246,933 (the “’933 Patent”), and expects to receive compensation for use of the technology. 

Alnylam is not seeking an injunction or taking any action that would impact vaccine production and distribution, the company said. 

Related Article: Market Insight on FDA-approvals 2021-2022 Feb: Next-Gen 1st-in-Class & RMATs

 

Moderna Responds to Alnylam’s Challenge

 

According to an earlier statement, Moderna’s vaccine earned the company $17.7 billion in revenue in 2021. Pfizer said last month that it expected $32 billion in revenue from its vaccine this year.

On the same day Alnylam filed the lawsuits, Moderna responded that Alnylam’s LNP technology was “insufficient” for arm injections, which led Moderna to develop its own. Moderna also called Alnylam’s claim “specious” and said the company was “engaged in what can only be seen as blatant opportunism”.

Meanwhile, Pfizer’s representative has not responded immediately for comment. 

Last month, Arbutus Biopharma and Genevant Sciences separately sued Moderna in the Delaware federal court, claiming Moderna also infringed on its RNA delivery technology. They are also seeking compensation.    

Related Article: Gilead’s Kite Wins Legal Battle Against BMS, Gets Its $1.2B Fine Overturned

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