BioNTech, the German biotech company, has initiated legal action against the American firm Moderna, filing a lawsuit in a federal court in Delaware. The lawsuit alleges that Moderna's mNEXSPIKE vaccine, which was developed for COVID-19 and received approval from the U.S. Food and Drug Administration (FDA) last year, infringes on the patent rights held by BioNTech and Pfizer for their Comirnaty vaccine. BioNTech claims that its patent covers a messenger RNA (mRNA) vaccine that can be administered in a smaller dose compared to Moderna's mNEXSPIKE.

In a related development, it was noted that Moderna previously filed a lawsuit against BioNTech and Pfizer in 2022, alleging patent infringement concerning the Comirnaty vaccine. That case remains pending, highlighting the ongoing legal battles between these companies over patent rights. The current dispute comes amidst a rising trend of patent infringement lawsuits among biotechnology firms competing over the rights to technologies used in the development of COVID-19 vaccines.

This legal confrontation underscores the complexities and competitive nature of the biotech industry, especially in the context of rapid vaccine development during the pandemic. As companies continue to innovate and develop next-generation vaccines, asserting patent rights has become increasingly critical, potentially impacting future vaccine availability and pricing strategies in the market.