The Albany Gazette - UK Court of Appeal Confirms Moderna’s EP'949 Patent is Valid and Infringed by Pfizer/BioNTech

This decision affirms the High Court's initial ruling from July 2024 that the EP'949 patent is valid and infringed by Pfizer/BioNTech's COVID-19 vaccine, Comirnaty®, which was subsequently appealed by Pfizer/BioNTech. With this ruling, the UK becomes the first jurisdiction globally to issue a second-instance decision confirming the validity of one of Moderna's core mRNA patents. The High Court's finding of infringement was not disputed by Pfizer/BioNTech on appeal.

"Moderna is pleased that the Court of Appeal has upheld the High Court's finding that the EP'949 patent is valid and infringed by Pfizer/BioNTech," said Moderna Chief Legal Officer Shannon Thyme Klinger. "Moderna will continue to pursue and enforce its patent rights globally to protect its innovative mRNA technology."

Elsewhere in Europe, recent legal developments have further strengthened Moderna's intellectual property portfolio:

• In Germany, the Regional Court found that Pfizer and BioNTech infringed Moderna's modified mRNA patent and confirmed Moderna's right to seek damages. An appeal is pending.

• The European Patent Office (EPO) upheld the validity of EP'949 in opposition proceedings, further reinforcing the patent's strength. An appeal is pending.

European patent EP'949 relates to chemically modified mRNA, one of Moderna's foundational technologies that enables the development of mRNA-based medicines.

About Moderna

Moderna is a leader in the creation of the field of mRNA medicine. Through the advancement of mRNA technology, Moderna is reimagining how medicines are made and transforming how we treat and prevent disease for everyone. By working at the intersection of science, technology and health for more than a decade, the company has developed medicines at unprecedented speed and efficiency, including one of the earliest and most effective COVID-19 vaccines.

Moderna's mRNA platform has enabled the development of therapeutics and vaccines for infectious diseases, immuno-oncology, rare diseases and autoimmune diseases. With a unique culture and a global team driven by the Moderna values and mindsets to responsibly change the future of human health, Moderna strives to deliver the greatest possible impact to people through mRNA medicines. For more information about Moderna, please visit modernatx.com and connect with us on X (formerly Twitter), Facebook, Instagram, YouTube and LinkedIn.

Moderna Forward-Looking Statements

This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, as amended, including statements regarding: Moderna's plans to enforce its patent rights globally, including through seeking damages for infringement. The forward-looking statements in this press release are neither promises nor guarantees, and you should not place undue reliance on these forward-looking statements because they involve known and unknown risks, uncertainties, and other factors, many of which are beyond Moderna's control and which could cause actual results to differ materially from those expressed or implied by these forward-looking statements. These risks, uncertainties, and other factors include, among others, those risks and uncertainties described under the heading "Risk Factors" in Moderna's Annual Report on Form 10-K for the fiscal year ended December 31, 2024 and in subsequent filings made by Moderna with the U.S. Securities and Exchange Commission, which are available on the SEC's website at www.sec.gov. Except as required by law, Moderna disclaims any intention or responsibility for updating or revising any forward-looking statements contained in this press release in the event of new information, future developments or otherwise. These forward-looking statements are based on Moderna's current expectations and speak only as of the date of this press release.

Moderna Contacts

Media:
Chris Ridley
Head of Global Media Relations
+1 617-800-3651
[email protected]

Investors:
Lavina Talukdar
Senior Vice President & Head of Investor Relations
+1 617-209-5834
[email protected]

SOURCE: Moderna, Inc.

View the original press release on ACCESS Newswire

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