A German pharmaceutical company has taken legal action against Moderna in Delaware’s federal courthouse, claiming the American drugmaker stole patented technology for its latest coronavirus vaccine.
BioNTech filed the patent infringement case on Thursday, targeting Moderna’s newly approved COVID-19 vaccine called mNEXSPIKE. According to court documents, BioNTech claims this next-generation vaccine – which received FDA approval in 2025 – uses proprietary technology without permission.
The disputed technology involves an advanced messenger RNA vaccine formula that allows for smaller doses to be administered to patients while maintaining effectiveness. BioNTech developed this innovation alongside partner Pfizer for their Comirnaty vaccine.
This legal battle represents the latest chapter in an ongoing patent war between the two pharmaceutical giants. Moderna previously filed its own lawsuit against BioNTech and Pfizer back in 2022, which remains unresolved in the courts.
These competing lawsuits are part of a broader trend across the biotechnology industry, where companies are pursuing legal claims seeking compensation for intellectual property used in the highly profitable COVID-19 vaccines.
Neither Moderna nor BioNTech provided immediate responses when contacted about the new legal filing. Pfizer representatives, who are not named as defendants in this particular case, also declined to comment.
