This ruling is correct because Moderna developed and patented foundational mRNA technology for over half a decade — including chemical modifications and spike protein encoding, which Pfizer/BioNTech knowingly used in Comirnaty without permission. Moderna's decade-long innovation, proven in trials, enabled rapid vaccine development and deserves to be protected by intellectual property law.
This ruling is wrong due to not only Moderna's public offer to share its patents but also because the mRNA technology in Pfizer/BioNTech’s vaccine builds on decades of collective research, not just Moderna's. The mRNA modification originated from University of Pennsylvania scientists and full-length spike protein use was known since 2009. Moderna has overstated its unique contribution.
Neither Pfizer nor Moderna should be celebrating legal wins, as both companies have been exposed for their deceptive vaccine development practices, including by a Florida grand jury. Investigators have found a pattern of obfuscation, hiding adverse events like those in pregnant women, and exploitation of a flawed safety system. Both companies have reaped the benefits of Big Pharma's sway over the US regulators.