UK Court of Appeal Upholds Moderna mRNA Patent Against Pfizer, BioNTech

London’s Court of Appeal on 1 August upheld a High Court decision that Moderna’s European patent EP’949 covering chemically modified messenger RNA is valid and infringed by Pfizer and BioNTech’s COVID-19 vaccine, Comirnaty. The three-judge panel rejected arguments that the invention was an obvious extension of earlier work, leaving Moderna entitled to seek damages on U.K. sales made since March 2022. Pfizer and BioNTech said the ruling does not affect current vaccine supply and that they will petition the U.K. Supreme Court. The decision strengthens Moderna’s global litigation campaign over its mRNA portfolio, following a similar win in Germany and parallel proceedings in the United States and at the European Patent Office.