Biotech company Alnylam Pharmaceuticals has requested a Delaware federal court to enter a judgment that Pfizer and BioNTech did not infringe on its patents related to COVID-19 vaccine technology, effectively conceding defeat in the ongoing litigation.
The decision comes after U.S. District Judge Colm Connolly interpreted Alnylam's patents in a way that would not cover the mRNA technology used in Pfizer and BioNTech's COVID-19 vaccine. This marks a significant development in one of several patent disputes surrounding the breakthrough vaccines developed during the pandemic.
Background of the Patent Dispute
Cambridge, Massachusetts-based Alnylam initially filed the lawsuit in 2022, claiming that Pfizer and BioNTech's COVID-19 vaccines infringed on patents covering its lipid nanoparticle (LNP) technology. LNPs are critical components used to deliver genetic material into the body, a key mechanism in mRNA vaccines.
The pharmaceutical giants had denied these allegations and argued that Alnylam's patents were invalid. In April 2023, Judge Connolly rejected arguments from Pfizer and BioNTech that Alnylam's patents were invalid due to improper claim structure and inadequate written description. However, the judge's subsequent interpretation of the patent claims ultimately favored the vaccine manufacturers.
A BioNTech spokesperson stated that the filing "confirms Pfizer's and BioNTech's position that we do not infringe any valid patents asserted by Alnylam."
Pattern of Patent Challenges
This withdrawal mirrors Alnylam's previous action in a separate lawsuit against Moderna over similar technology used in their COVID-19 vaccine. That case was also dropped following a ruling that favored Moderna.
Despite these setbacks, an Alnylam spokesperson indicated that the company is "evaluating its options and may appeal" the decision, suggesting this may not be the end of the patent dispute.
Broader Context of COVID-19 Vaccine Patent Litigation
The case represents one of several patent infringement lawsuits filed by biotech companies over technologies incorporated into COVID-19 vaccines, which generated billions in revenue for their manufacturers. Notably, Moderna continues to pursue its own patent infringement case against Pfizer and BioNTech.
These legal battles highlight the complex intellectual property landscape surrounding the rapidly developed COVID-19 vaccines, where multiple companies claim ownership of overlapping technologies that enabled the unprecedented speed of vaccine development.
Legal Representation
Alnylam was represented by Ethan Townsend, William Gaede, Sarah Columbia, Sarah Fischer, and Ian Brooks of McDermott Will & Emery. Pfizer's legal team included Arthur Connolly and Alan Silverstein of Connolly Gallagher, while BioNTech was represented by Jeremy Tigan and Anthony Raucci of Morris Nichols Arsht & Tunnel.
The case was filed in the U.S. District Court for the District of Delaware under case number 1:22-cv-00336.
