Intellectual property disputes can arise from groundbreaking innovations. Recently, the biotechnology company Moderna filed a patent infringement lawsuit against competitors Pfizer and BioNTech over the technology used in COVID-19 vaccines. During the global race to develop COVID-19 vaccines, several pharmaceutical companies pursued messenger RNA (mRNA) technology. These vaccines have been credited with saving millions of lives worldwide. Moderna now claims that aspects of the mRNA technology used in competing vaccines are covered by patents it developed years before the pandemic.
Moderna filed patent infringement lawsuits in both the United States and Germany, alleging that Pfizer and BioNTech used its patented innovations without authorization. The cases had implications for the future licensing of mRNA technology.
Technology Patents at Issue
Messenger RNA helps cells produce proteins and trigger an immune response. According to Moderna’s lawsuit, its early research into mRNA led to patents filed between 2011 and 2016, covering aspects of the technology used in vaccines. Pfizer and BioNTech maintain that their vaccine relied on their own research and intellectual property. Moderna pledged not to enforce COVID-related patents during the height of the pandemic, but ended that policy in 2022, before filing the lawsuits. The company sought damages related to vaccine sales after that policy change, though it has indicated it will not pursue compensation for vaccines supplied to the US government or to lower-income countries.
Calculating Damages in Technology Disputes
In a case like this, the court may need to determine what constitutes a reasonable royalty for the use of the disputed technology. In complex intellectual property cases, economic and survey research methods are sometimes used to evaluate the value of specific features or innovations. Conjoint analysis can be used to estimate the value that consumers place on specific technology in a product. In theory, a properly designed study could evaluate how the perceived value of a vaccine might change if certain patented technology were not used. That analysis can help inform royalty calculations or other damages assessments.
Patent disputes involving emerging technologies often shape how those technologies are licensed and developed in the future. Given the global importance of mRNA vaccines, the outcome of this litigation could influence the biotechnology industry for years to come. IMS Legal Strategies designs and executes survey research and economic analysis that is frequently relied on in intellectual property disputes, including studies designed to evaluate the value of specific product features in litigation. Contact IMS to learn more.
