German Court: Pfizer-BioNTech Violated Moderna's COVID Patent

German Court: Pfizer-BioNTech Violated Moderna's COVID Patent
Above: In this photo illustration, a vial of Moderna vaccine (COVID-19 mRNA, nucleoside modified) is next to a vial of Pfizer-BioNTech coronavirus treatment. Image copyright: Marcos del Mazo/Contributor/LightRocket via Getty Images

The Spin

Narrative A

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.

Narrative B

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.

Establishment-critical narrative

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.

Metaculus Prediction


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