Pfizer/BioNTech faces a patent lawsuit filed by Arbutus regarding COVID vaccines

The U.S. drugmaker Pfizer Inc (PFE.N) and its German partner BioNTech SE were sued on Tuesday by Arbutus Biopharma Inc (ABUS.O) in a New Jersey district court, alleging that Pfizer's mRNA COVID-19 vaccines violate five of Arbutus' patents on their mRNA-based vaccines.

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As part of its lawsuit against Pfizer/BioNTech, Arbutus and its licensee Genevant Sciences have sought damages, including reasonable royalties, as a result of the use of nanoparticle delivery technology in Pfizer/BioNTech vaccines to carry genetic material and transfer it into the body through lipid nanoparticles (LNPs).

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It is stated in the lawsuit that Pfizer/BioNTech engaged in licensing discussions for the technology, but that these discussions did not result in a "settlement".

The Genevant company is a joint venture between Arbutus and Roivant Sciences Ltd (ROIV.O).

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It should also be noted that Arbutus Biopharma had also sued Moderna Inc (MRNA.O) in the Delaware federal court last year, claiming that its mRNA COVID-19 vaccine also infringed on its own patents.

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It had been stated in the lawsuit that Arbutus did not seek to stop Moderna from producing or distributing the vaccines, but rather sought monetary damages, which included a reasonable royalty rate, through its suit against the drugmaker.

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"Both Pharma and BioNTech are aware that Arbutus Biopharma and Genevant Sciences have filed an action for patent infringement against certain U.S. patents," BioNTech told Trade Algo, adding that the companies would not comment on their legal strategy at this time.

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Pfizer had announced earlier in the day that it would vigorously defend itself against the allegations that are alleged in the lawsuit.

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Arbutus declined to comment beyond what was stated in the press release.

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Pfizer and BioNTech had been sued by Moderna in August 2022 over the alleged infringement of three patents related to their multibillion-dollar mRNA COVID-19 vaccine that they claim are patent-protected.

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In March 2022, Pfizer and BioNtech will face another patent infringement lawsuit brought by Alnylam Pharmaceuticals Inc (ALNY.O) related to vaccines. The lawsuit was filed by Alnylam Pharmaceuticals Inc (ALNY.O).

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During Tuesday's trading session, Arbutus' shares plunged by 2.6% to $2.98, while Pfizer's shares fell by 1.2%, and BioNtech's U.S.-listed shares fell almost 3%.