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BioNTech Sues Moderna in Delaware Over Patent Tied to mNEXSPIKE Vaccine

BioNTech says Moderna’s shot uses an optimized mRNA design from Comirnaty that enables lower dosing.

Overview

  • BioNTech filed the complaint on Thursday in U.S. federal court in Delaware targeting Moderna’s newly marketed mNEXSPIKE COVID‑19 vaccine.
  • The suit alleges mNEXSPIKE infringes a BioNTech patent covering an optimized mRNA vaccine design employed in Comirnaty that allows lower patient dosing.
  • A Moderna spokesperson told Reuters the company will contest the lawsuit.
  • The U.S. Food and Drug Administration approved Moderna’s next‑generation mNEXSPIKE vaccine in 2025.
  • The filing joins a broader wave of COVID‑19 vaccine patent disputes, with Moderna’s 2022 case against Pfizer and BioNTech still pending and Bayer’s January suit alleging use of a Monsanto stabilization technique; Pfizer is not a party to the new case.