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UK Court Confirms Validity of Moderna's EP'949 Patent

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Moderna, Inc. announced a significant legal victory in the UK, where the Court of Appeal upheld the validity of its EP'949 mRNA patent. This decision follows a High Court ruling from July 2024, which found that the patent was infringed by Pfizer/BioNTech's COVID-19 vaccine, Comirnaty®. The recent ruling makes the UK the first jurisdiction to confirm the validity of Moderna's core mRNA patent at a second-instance decision. Pfizer/BioNTech did not contest the finding of infringement on appeal.

In other European regions, Moderna's patent position has also strengthened. The Regional Court in Germany found infringement of Moderna's modified mRNA patent by Pfizer and BioNTech, allowing Moderna to seek damages, though an appeal is ongoing. Furthermore, the European Patent Office has reinforced the EP'949 patent's validity, with another appeal pending.

R. H.

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